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Supreme Court of India 2018-10-24 allowed

Union of India & Anr vs Col. A.D. Nargolkar & Ors

Bench: 2 — A.K. Sikri

In Brief

An Army officer was awarded 'Severe Displeasure' following a Court of Inquiry into allegations of harassment, after he gave a conditional apology to settle a complaint. The punishment cancelled his promotion to Brigadier. The Supreme Court held the COI proceedings violated Army Rule 180 and natural justice: the allegations were never proved by witnesses before the COI, and the conditional apology (given to secure complaint withdrawal) could not constitute proof of guilt. The Court set aside the punishment and granted the officer promotion to Brigadier with arrears of salary and terminal benefits as he had since retired."}

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Military Law Armed Forces Disciplinary Action Court of Inquiry Army Rule 180 Natural Justice Procedural Fairness Promotion Confidential Report Administrative Law Service Law

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