Supreme Court · 2003 INSC 274 · Decided 2 May 2003
Union of India and ORS. v. EX.FLT. LT. G.S. Bajwa
- Court
- Supreme Court of India
- Citation
- 2003 INSC 274 · [2003] 3 S.C.R. 1092
- Case number
- CIVIL APPEAL No. 10383/1996
- Decided
- 2 May 2003
- Bench
- N. SANTOSH HEGDE, B.P. SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 2, 33, 21, 22
Headnote
Service law: Air Force Act, 19501Sections41(2) and 65/Rules 89, 100, 102, I JO, I I I C and 125: Air Force Officer-Dismissal ji-om service by the General Court Martial on ground of disobedience/misconduct-Challenge to--Reversed by the High Court directing reinstatement on ground of denial of Held: Since Parliament/legislature could restrict/abrogate any fundamental right by enacting a law under the provision of Article 33, such law could override Articles 2 I and 22 oft he Constitution of India-In the absence of any provision to provide legal assistance and as respondent was an
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