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august 2012

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.

Cantonment Board Jammu & Ors vs Jagat Pal Singh Chemma · Niyam