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march 2004

Supreme Court of India · 2004-03-23

Union Of India & Ors vs Gurnam Singh

Citation / case number
AIR 2004 SUPREME COURT 2126
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Gurnam Singh
Bench
K.G. Balakrishnan, B.N. Srikrishna

Judgment text excerpt

The Supreme Court held that the dismissal of the respondent from the Indian Army following court-martial proceedings was invalid due to violations of Rule 37 of the Army Rules, 1954. The Court found that the officer convening the court-martial failed to satisfy himself that the charges were justified for trial, which constituted a clear non-application of mind. Consequently, the Court upheld the Delhi High Court's decision to set aside the punishment and awarded compensation of Rs. 5 lakhs to the respondent for harassment.

Union Of India & Ors vs Gurnam Singh · Niyam