Supreme Court of India · 2015-10-28
UNION OF INDIA vs MANOJ DESWAL .
- Citation / case number
- SC 2008/10283
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- MANOJ DESWAL .
- Author
- ANIL R. DAVE
- Bench
- ADARSH KUMAR GOEL ANIL R. DAVE
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the discharge order of Respondent no.1 under the Army Rules, 1954, on the grounds that he was not afforded an opportunity to defend himself prior to the discharge. The Court emphasized the necessity of a fair hearing before such punitive actions are taken, reinforcing the principle of natural justice. The appellants were granted liberty to conduct a fresh enquiry into the matter, with the outcome of back wages contingent upon this new process.