Supreme Court of India · 2018-01-09
EX SIG. MAN KANHAIYA KUMAR vs UNION OF INDIA
- Citation / case number
- SC 2017/13456
- Court
- Supreme Court of India
- Petitioner
- EX SIG. MAN KANHAIYA KUMAR
- Respondent
- UNION OF INDIA
- Author
- A.K.SIKRI
- Bench
- HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI
Judgment text excerpt
The Supreme Court granted leave to appeal against the Armed Forces Tribunal's dismissal of the appellant's original application challenging his dismissal under Section 20(3) of the Army Act, 1950 for fraudulent enrolment based on a fake Relationship Certificate. The Court held that the dismissal was justified as the appellant admitted to using a fake document, and it clarified that the general provision under Section 20(3) can be invoked even when a specific provision exists, thus upholding the dismissal order. The appeal was dismissed, affirming the Tribunal's decision.