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march 2004

Supreme Court of India · 2004-03-23

UNION OF INDIA vs GURNAM SINGH

Citation / case number
SC 2003/18357
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
GURNAM SINGH
Author
B.N. SRIKRISHNA. K.G. BALAKRISHNAN
Bench
B.N. SRIKRISHNA. K.G. BALAKRISHNAN

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 did not satisfy the requirement of ensuring that the charges were justified by evidence, leading to a lack of jurisdiction in the proceedings. 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 the harassment suffered.

UNION OF INDIA vs GURNAM SINGH · Niyam