Supreme Court · 2019 INSC 988 · Decided 2 September 2019

SEP. Satgur Singh v. Union of India & ORS.

Court
Supreme Court of India
Citation
2019 INSC 988 · [2019] 11 S.C.R. 1023
Case number
CIVIL APPEAL No. 1857/2018
Decided
2 September 2019
Bench
L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Service Law: Discharge from service - On account of seven red ink entries - Plea that discharge order since passed without conducting enquiry as required under Para 5(a) of Army Instructions dated 28.12.1988, was not sustainable - Held: The nature of enquiry as contemplated under Para 5(a) is a enquiry - The test of preliminary enquiry is satisfied if explanation of the personnel is submitted and an order is passed thereon - Thus, as per Para 5(a) adequate opportunity is granted to the personnel to put his defence - Order of discharge cannot be said to be unjustified. Dismissing the

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