Supreme Court of India · 2001-04-11
UNION OF INDIA vs HARJEET SINGH SANDHU
- Citation / case number
- SC 1998/2167
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- HARJEET SINGH SANDHU
- Author
- ,R.C. LAHOTI,BRIJESH KUMAR
- Bench
- CJI,R.C. LAHOTI,BRIJESH KUMAR
Judgment text excerpt
The Supreme Court held that the termination of service under Section 19 of the Army Act, 1950 was invalid as the court martial proceedings had become barred by time under Section 122 of the Act. The Court emphasized that the exercise of power under Section 19 was vitiated due to the lapse of time, referencing Major Radha Krishan Vs. Union of India (1996) 3 SCC 507. Consequently, the Court upheld the High Court's decision to quash the termination order dated 2.1.1984.