Supreme Court of India · 2012-08-09
Cantonment Board Jammu & Ors vs Jagat Pal Singh Chemma
- Citation / case number
- AIR 2012 SUPREME COURT 3139
- Court
- Supreme Court of India
- Petitioner
- Cantonment Board Jammu & Ors
- Respondent
- Jagat Pal Singh Chemma
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, P Sathasivam
Judgment text excerpt
The Supreme Court held that the Officer Commanding-in-Chief, the Command, does not have the authority to annul the decision of the Cantonment Board under the Cantonments Act, 1924, specifically referring to Section 51. The Court found that the reference made to the Officer Commanding-in-Chief was invalid, leading to the conclusion that the removal of the respondent from service was not legally justified. Consequently, the Court upheld the High Court's decision to allow the writ petition and set aside the removal order.