Supreme Court of India
Union of India & Ors. v. Manoj Deswal & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the order passed by the Commanding Officer dated 27th August, 2005 is just, legal and proper.
Judgment, page 7
From the 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 afforded an opportunity to defend his case and the order was passed without isstJing any notice to him - On appeal, held: person who remained absent unauthorized and who was declared deserter can never tum out to be a good soldier - Commanding Officer, as per the provisions of r. 13(3) had satisfied
Authorities it was built on
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