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may 2003

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.

UNION OF INDIA vs EX FLT. LT. G.S. BAJWA · Niyam