UNION OF INDIA vs DIPAK KUMAR SANTRA

The Supreme Court upheld the Calcutta High Court's Division Bench 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 for the respondent's appointment, contrary to the Single Judge's ruling. The Court emphasized that the competent authority's discretion under Rule 13(3) must consider available vacancies, leading to the conclusion that the discharge was not justified.