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april 2008

Supreme Court of India · 2008-04-01

UNION OF INDIA vs V.N. SAXENA

Citation / case number
SC 2006/10036
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
V.N. SAXENA
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the termination of the respondent's services by the Chief of Army Staff was invalid as it contravened the principles established in Major Radha Krishan v. Union of India (AIR 1996 SC 3091), which states that a trial by Court-Martial cannot be bypassed if it is not impracticable due to the expiry of the limitation period under Section 122 of the Army Act, 1950. The Court quashed the High Court's order and reinstated the respondent with benefits, emphasizing that the satisfaction regarding impracticability must be valid at the time of termination. The judgment clarified the interpretation of 'impracticable' in the context of military law and the Army Rules, 1954.

UNION OF INDIA vs V.N. SAXENA · Niyam