Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2001

Supreme Court of India · 2001-02-28

UNION OF INDIA vs SUNIL KUMAR SARKAR

Citation / case number
SC 1994/14799
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SUNIL KUMAR SARKAR
Author
SANTOSH HEGDE
Bench
S.P.BHARUCHA, N.S.HEGDE, Y.K.SABHARWAL

Judgment text excerpt

The Supreme Court addressed the validity of a General Court Martial (GCM) proceeding under the Army Act, 1950, where the respondent was initially sentenced to one year of rigorous imprisonment, later reduced to six months. The Court held that the dismissal of the respondent from service under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, following the GCM's conviction, was flawed due to procedural defects. The Court directed that fresh orders be issued with reasons, emphasizing the necessity of due process in disciplinary actions.

UNION OF INDIA vs SUNIL KUMAR SARKAR · Niyam