Union Of India And Anr vs Sudershan Gupta

The Supreme Court upheld the Delhi High Court's decision to quash the order of convening a General Court Martial, emphasizing the necessity of records to determine if the competent authority applied its mind before issuing the convening order. The Court noted that the records had been destroyed by the Army Authorities despite being sub-judice, which hindered the ability to assess the legality of the convening order. Consequently, the appeal was dismissed, and the appellant was ordered to provide all consequential benefits to the respondent within three months.