Supreme Court of India
Union of India & Ors. v. Dinesh Prasad
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From the headnote
Army Act, 1950 - s.116 - Respondent, washermanl rifleman in the Assam Rifles, charge-sheeted for remaining absent without leave for more than two years - Dismissal of respondent by summary court-martial - Challenged, on ground of violation of the principles of natural justice - Competence of the commanding officer of the respondent, who had signed and issued the charge sheet, to convene and o conduct the summary court-martial against the respondent questioned - High Court held that the summary court-martial proceedings held against the respondent were vitiated on account of likelihood of
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