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november 2004

Supreme Court of India · 2004-11-01

SWADESH PAL BALIYAN vs AIR FORCE COMMANDING IN-CHIEF

Citation / case number
SC 1999/184
Court
Supreme Court of India
Petitioner
SWADESH PAL BALIYAN
Respondent
AIR FORCE COMMANDING IN-CHIEF
Author
Y.K. Sabharwal
Bench
Y.K. SABHARWAL & D.M. DHARMADHIKARI

Judgment text excerpt

The Supreme Court held that the dismissal of the appellant, a corporal in the Indian Air Force, under Section 20(3) of the Air Force Act, 1950, was illegal due to the lack of a proper show cause notice regarding the acceptance of the enquiry officer's report. The Court emphasized that the appellant was entitled to be informed of the findings against him and to respond before any punitive action was taken. Consequently, the Court set aside the dismissal order and directed that the matter be reconsidered in accordance with due process of law.

SWADESH PAL BALIYAN vs AIR FORCE COMMANDING IN-CHIEF · Niyam