Supreme Court · 2006 INSC 351 · Decided 22 May 2006
GEN. Officer COMM. in Chief, Lucknow and ORS. v. R.P. Shukla (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 351 · [2006] SUPP. 2 S.C.R. 859
- Case number
- CIVIL APPEAL No. 4022/1998
- Decided
- 22 May 2006
- Bench
- AR. LAKSHMANAN, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 227
Headnote
B Service Law: Armed Forces-Sepoyes and Havildar employed on short-term basis­ Misconduct-Summary Court Martial-R.I. for one year/six months- C Dismissal from service-High Court setting aside entire proceedings for non-observance of r.180 of Army Rules and directing reinstatement-Held, finding observed is factually not correct- On merits, charges against delinquents being serious and grave in nature, punishments awarded are not disproportionate or excessive in nature to D shock conscience of the Court-Terms of their engagement having already expired, they could not be reinstated in
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