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Supreme Court of India 2020-01-24 dismissed

Sanjay Marutirao Patil vs Union of India and others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns an Army officer whose employment was terminated on the ground that his services were no longer required as he was deemed undesirable. The officer had previously been subjected to a Summary Court Martial that imposed a penalty of reduction in rank, which was never confirmed by the competent authority. The Supreme Court held that the dismissal order could not be justified on the basis of an unconfirmed court martial punishment. The Court found this would constitute double jeopardy and was legally unsustainable. The appeal was accordingly dismissed.

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Military Law Administrative Law Double Jeopardy Dismissal from Service Court Martial

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