Union Of India & Anr vs V.N. Saxena

The Supreme Court held that the termination of services of an army personnel under Rule 14(2) of the Army Rules, 1954 cannot be executed if the trial by Court-Martial is barred by limitation under Section 122 of the Army Act, 1950. The Court emphasized that the satisfaction regarding impracticability of a trial must be based on the permissibility of such a trial at the time of termination. The judgment of the Uttranchal High Court was upheld, quashing the termination order and entitling the respondent to consequential benefits as a Captain.