Supreme Court of India · 2014-03-06
UNION OF INDIA vs MAJOR S.P. SHARMA
- Citation / case number
- SC 2001/5888
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- MAJOR S.P. SHARMA
- 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 the respondents, which were based on the doctrine of pleasure under Article 310 of the Constitution and Section 18 of the Army Act, 1950. The Court emphasized that the procedural safeguards must be adhered to in disciplinary proceedings, and the lack of a fair trial rendered the dismissals invalid. Consequently, the appeals by the Union of India were dismissed, affirming the High Court's ruling.