Supreme Court of India

S.N. Mukherjee v. Union of India

Neutral citation
Reported as [1990] SUPP. 1 S.C.R. 44
Bench Sabyasachi Mukherji J.
Decided 28 August 1990

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13 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid it must be held that reasons are not E required to be recorded for an order passed by the confirming autho­ rity confirming the findings and sentence recorded by the court-martial as well as for the order passed by the Central Government dismissing the post-confirmation petition.

Judgment, page 27

From the headnote

Army Act 1950: Seciion 164--Court-Martial.:_Post confirma­ tion peiitioii-Centrd/ Government-Whether bound to give reasons. the Apjjeliant was ofridaiing as a Major ihoiigh lie held a sub­ stantive raiik of Captain as a permanent Commissioned Officer of the army when on December 27, 1974 he took over as the Officer Com­ manding 38 Coy. .S. . (Sup) Type ' ' attached to the Military Hospi­ tai, Jhansi. In AU!lllst, 1975 the Appellant went to attend a training b coutse and returned in the first week of November, 1975. In his absence Captain ;t. Chhabra was commanding the unit of the appellant

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