Supreme Court of India · 2001-04-11
U.O.I. & Ors vs Harjeet Singh Sandhu
- Citation / case number
- AIR 2001 SUPREME COURT 1772
- Court
- Supreme Court of India
- Petitioner
- U.O.I. & Ors
- Respondent
- Harjeet Singh Sandhu
- Author
- R.C. Lahoti
- Bench
- Chief Justice, R.C. Lahoti, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that the exercise of power under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954, was vitiated due to the bar of limitation under Section 122 of the Army Act, which rendered the court martial proceedings time-barred. The Court emphasized that the decision in Major Radha Krishan Vs. Union of India (1996) 3 SCC 507 was applicable, leading to the quashing of the termination order against the respondent. The Court upheld the High Court's ruling that the dismissal was invalid as it contravened the statutory provisions regarding limitation.