Supreme Court of India · 2003-05-02
UNION OF INDIA vs EX FLT. LT. G.S. BAJWA
- Citation / case number
- SC 1995/16613
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- EX FLT. LT. G.S. BAJWA
- Author
- B.P. SINGH
- Bench
- B.P. SINGH. N. SANTOSH HEGDE
Judgment text excerpt
The Supreme Court upheld the High Court's decision to reinstate the respondent, who was dismissed by a General Court Martial under Sections 41(2) and 65 of the Air Force Act, 1950, for disobeying a lawful command. The Court found that the proceedings were conducted in violation of the principles of natural justice, as the respondent was denied legal assistance and a fair opportunity to defend himself. The Court affirmed the High Court's order for reinstatement and payment of 50% back wages, emphasizing the need for fair trial standards in military proceedings.