Supreme Court · 1989 INSC 332 · Decided 27 October 1989
Union of India and ORS. v. Naik Subedar Clk(S) Baleshwar Ram and ORS.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 332 · [1989] SUPP. 2 S.C.R. 19
- Case number
- CIVIL APPEAL No. 778/1988
- Decided
- 27 October 1989
- Bench
- RANGANATH MISRA, P.B. SAWANT, K. RAMASWAMY (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Army Act, 1950: Sections 52, 63. Army Rules 1954: Rule 22. Dismissal pursuant to General Court Martial-Validity of. Non-compliance with Rule-Effect of. The respondents faced trial for the charge of theft. After a General Court Martial, they were found guilty, convicted and senten­ ced. All the filed a writ petition in the High Court challeng­ ing the decision of the Court martial, and the order of the dismissal. The High Court set aside the order of conviction and pnnishment of imprisonment as also the order of dismissal from service by holding that the trial before the
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