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april 2001

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.

U.O.I. & Ors vs Harjeet Singh Sandhu · Niyam