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.