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march 2011

Supreme Court of India · 2011-03-30

UNION OF INDIA vs M.M.SHARMA

Citation / case number
SC 2011/6277
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M.M.SHARMA
Author
MUKUNDAKAM SHARMA
Bench
MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's direction for the competent authority to issue a speaking order regarding the dismissal of the respondent under Article 311(2)(c) of the Constitution of India. The Court emphasized that while national security concerns justified the dismissal without a formal inquiry, the authority must still provide reasons for the penalty imposed. The judgment reinforces the principle that even in matters of national security, procedural fairness requires a reasoned decision when imposing severe penalties such as dismissal from service.

UNION OF INDIA vs M.M.SHARMA · Niyam