Supreme Court · 2015 INSC 810 · Decided 28 October 2015
Union of India & ORS. v. Manoj Deswal & ORS.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 810 · [2015] 12 S.C.R. 942
- Case number
- CIVIL APPEAL No. 5015/2008
- Decided
- 28 October 2015
- Bench
- ANIL R. DAVE, ADARSH KUMAR GOEL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Army Act, 1950 - ss. 16, 17 - Army Rules, 1954 - r. c 13(3) -Army man-respondent on unauthorized leave for 108 days- Subsequently declared deserter and discharged from service by Commanding Officer- Writ petition by respondent - High Court quashed the discharge order since the respondent was not his D case and the order was passed without isstJing any notice to him - On appeal, held: A person who remained absent unauthorized and who was declared deserter can never tum out to be a good soldier - Commanding Officer, as per the E provisions of r. 13(3) had satisfied himself about the fact
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