Supreme Court · 2007 INSC 440 · Decided 19 April 2007

Pradeep Singh v. Union of India and ORS.

Court
Supreme Court of India
Citation
2007 INSC 440 · [2007] 5 S.C.R. 358
Case number
CIVIL APPEAL No. 5799/2000
Decided
19 April 2007
Bench
ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CrPC; Evidence Act; Constitution Article 226, 227

Headnote

Army Act, 1950: ss. 39-A and 116--Dismissal for absence without /eave-Acting Naik C in Army-Remaining absent without /eave-Withdrawal of rank and Summary Court-Martial-Punishment of dismissal awarded-Held: on facts, case is covered by rules relating to acting ranks contained in Army Instruction in that sense-Punishment of dismissal awarded by Summary D Court-Martial upheld. E s.3(v)-"Commanding Officer"-Officiating Commanding Officer convening Summary Court-Martial-Held, High Court was right in holding that Court-Martial was properly convened-Challenge to its composition

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