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october 2001

Supreme Court of India · 2001-10-09

UNION OF INDIA vs R.K. SHARMA

Citation / case number
SC 2001/9738
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
R.K. SHARMA
Bench
K.T. THOMAS & S.N. VARIAVA

Judgment text excerpt

The Supreme Court held that the penalty imposed by the General Court Martial must be proportionate to the gravity of the misconduct as per Article 14 of the Constitution. The Court emphasized that the doctrine of proportionality is essential in judicial review of military decisions, referencing Ranjit Thakur v. Union of India and Bhagat Ram v. State of H.P. The Court upheld the High Court's decision to set aside the dismissal and remand the matter for reconsideration of a lesser penalty, ensuring that the punishment aligns with the nature of the offences established under the Army Act, 1950.

UNION OF INDIA vs R.K. SHARMA · Niyam