Supreme Court of India

Union of India & Ors. v. Manoj Deswal & Ors.

Neutral citation
Reported as [2015] 12 S.C.R. 942
Bench Anil R. Dave and Adarsh Kumar Goel JJ.
Decided 28 October 2015

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

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.