Supreme Court of India · 2009-05-20
UNION OF INDIA vs SUDERSHAN GUPTA
- Citation / case number
- SC 2003/18358
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- SUDERSHAN GUPTA
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's decision to quash the order of convening the General Court Martial, emphasizing the necessity of maintaining records as per the prevailing rules. The Court noted that the absence of records, which should have been preserved during the pendency of the writ petition, hindered the assessment of whether the competent authority applied its mind before issuing the convening order. Consequently, the appeal was dismissed, and the appellant was granted three months to provide all consequential benefits to the respondent.