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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.

Union Of India And Ors vs Major S.P. Sharma And Ors · Niyam