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november 2004

Supreme Court of India · 2004-11-01

Swadesh Pal Baliyan vs Air Force Commanding-In-Chief & Anr

Citation / case number
AIR 2005 SUPREME COURT 1507
Court
Supreme Court of India
Petitioner
Swadesh Pal Baliyan
Respondent
Air Force Commanding-In-Chief & Anr
Author
D.M. Dharmadhikari
Bench
D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court addressed the validity of the dismissal of a corporal from the Indian Air Force under Section 20(3) of the Air Force Act, 1950 and Rule 18 of the Air Force Rules, 1969. The Court held that the dismissal was illegal due to the lack of a proper show cause notice after the enquiry officer's report, which violated the principles of natural justice. Consequently, the Court set aside the dismissal order and emphasized the necessity of following due process in disciplinary proceedings.

Swadesh Pal Baliyan vs Air Force Commanding-In-Chief & Anr · Niyam