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november 2019

Supreme Court of India · 2019-11-27

Union Of India vs P.S.Gill

Citation / case number
AIRONLINE 2019 SC 2699
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
P.S.Gill
Author
L. Nageswara Rao
Bench
Hemant Gupta, L. Nageswara Rao

Judgment text excerpt

The Supreme Court upheld the Armed Forces Tribunal's decision to quash the order convening a General Court Martial against the Respondent, citing violations of Rule 180 of the Army Rules, 1954. The Court emphasized that the proceedings initiated under Section 123 of the Army Act, 1950, were invalid as the Respondent had retired and no prima facie case was established against him by the GOC, 15 Infantry Division. The Court concluded that the Tribunal's ruling was justified, thereby affirming the Respondent's position and nullifying the disciplinary actions taken against him.

Union Of India vs P.S.Gill · Niyam