Supreme Court of India · 2014-03-06
Union Of India And Ors vs Major S.P. Sharma And Ors
- Citation / case number
- AIRONLINE 2014 SC 72
- Court
- Supreme Court of India
- Petitioner
- Union Of India And Ors
- Respondent
- Major S.P. Sharma And Ors
- Author
- M.Y. Eqbal
- Bench
- B.S. Chauhan, J. Chelameswar, M.Y. Eqbal
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's decision to quash the termination orders of Captain Ashok Kumar Rana and Captain R.S. Rathaur, which were issued under Section 18 of the Army Act, 1950 and Article 310 of the Constitution of India. The Court established that the doctrine of pleasure under Article 310 must be exercised in a manner consistent with principles of natural justice, and that the procedural safeguards were not adhered to in the termination process. Consequently, the appeals were dismissed, affirming the High Court's ruling.