Union Of India & Ors vs Dipak Kumar Santra

The Supreme Court upheld the Calcutta High Court's decision allowing the writ petition challenging the discharge of the respondent under Rule 13(3) of the Army Rules, 1954. The Court found that the Division Bench correctly identified the existence of a vacancy that could accommodate the respondent, contrary to the Single Judge's ruling. The Court emphasized that the competent authority's decision to discharge the respondent was not absolute and could be revisited based on available vacancies, thus establishing that the jurisdiction of the High Court was appropriate in this context.