Supreme Court · 1971 INSC 320 · Decided 22 November 1971
Union of India v. S. K. Rao
- Court
- Supreme Court of India
- Citation
- 1971 INSC 320 · [1972] 2 S.C.R. 447
- Case number
- CIVIL APPEAL No. 1653/1967
- Decided
- 22 November 1971
- Bench
- S.M. SIKRI, J.M. SHELAT, G.K. MITTER, I.D. DUA (4-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
G H UNION OF INDIA v. S. K. RAO November 22, 1971 447 (S. M. SIKRI, C.J., J. M. SHELAT, I. D. DUA AND G. K. MITTER, JJ.J Army Act, 1950, ss. 19, 45 and I91 (2)(a), and Army Rules. 1954, r. 14-Whether r. 14, ultra vires. The respondent, a commissioned officer in the Indian Army, was found to have respondent was removed from ser­ vice after following the procedure under r. 14 of the Army Rules, 1954. On the question whether r. 14, which gives power to the Central Gov· ernment N remove an officer without being tried and oonyicted by Court Martial was in derogation of s. 45, Army
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