Supreme Court · 2009 INSC 728 · Decided 6 May 2009
Union of India and ORS. v. Dipak Kumar Santra
- Court
- Supreme Court of India
- Citation
- 2009 INSC 728 · [2009] 8 S.C.R. 281
- Case number
- CIVIL APPEAL No. 8535/2002
- Decided
- 6 May 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Army Rules, 1954 - r. 13 - Discharge under - On the ground that the employee concerned was not likely to become c efficient soldier - Writ petition - Dismissal of by Single Judge of High Court on the ground that the competent authority u/r. 13 and that the High Court lacked jurisdiction to entertain the petition - Division Bench of High Court held that the employee could be appointed on the D available vacancy - On appeal, held: Since r. 13 is applicable to the facts of the case, order of Division Bench is not sustainable
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