Union Of India & Ors vs Manoj Deswal & Ors

The Supreme Court upheld the High Court's decision to set aside the discharge order of Respondent no.1, emphasizing the necessity of providing an opportunity for defense before such action is taken, as mandated by Rule 13(3) of The Army Rules, 1954. The Court clarified that while the discharge was initially deemed just, the lack of a show cause notice rendered the procedure flawed. The Court allowed for a fresh inquiry to be conducted, with the outcome determining the payment of back wages.