Supreme Court · 2007 INSC 645 · Decided 18 May 2007
Sheel KR Roy v. Secretary M/O Defence and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 645 · [2007] 7 S.C.R. 475
- Case number
- CRIMINAL APPEAL No. 1082/2005
- Decided
- 18 May 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 14
Headnote
B , Army Act, 1950: s.3(a)-Absence from duty-Recommendation of Court of Enquiry that c absence period to be regularized as during period of absence he was admitted in Hospital-Order of dismissal and 6 years rigorous imprisonment passed without considering the recommendation-Challenge against-Held, for summary court martial was required to take that into consideration-They ought to have explained as to why recommendations D of court of enquiry were not accepted-Once it has come on record that the _, appellant had not been absconding but was admitted in hospital, matters .....
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