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.