MAJOR G S SODHI LT COL S K DUGGAL Vs. UNION OF INDIA
LAWS(SC)-1990-11-46
SUPREME COURT OF INDIA
Decided on November 30,1990

G.S.SODHI,S.K.DUGGAL Appellant
VERSUS
UNION OF INDIA,CHIEF OF ARMY STAFF Respondents





Cited Judgements :-

SQN LDR J S PUNIA VS. UNION OF INDIA [LAWS(DLH)-1995-2-63] [REFERRED]
RANJIT VERMA VS. UNION OF INDIA [LAWS(DLH)-1998-7-17] [REFERRED]
SUBEDAR S N THAKUR VS. UNION OF INDIA [LAWS(DLH)-1998-11-77] [REFERRED 6.]
B N JHA VS. UNION OF INDIA [LAWS(DLH)-1999-1-68] [REFERRED]
S L SHARMA VS. UNION OF INDIA [LAWS(DLH)-2001-5-75] [REFERRED 4.]
NETRO PAL SINGH VS. UNION OF INDIA [LAWS(DLH)-2002-8-103] [REFERRED TO]
V S PATHAK VS. UNION OF INDIA [LAWS(DLH)-2002-8-202] [REFERRED TO]
ANIL KUMAR SANGWAN VS. UNION OF INDIA [LAWS(DLH)-2002-9-177] [REFERRED TO]
NIRMAL LAKRA VS. UNION OF INDIA [LAWS(DLH)-2002-9-96] [REFERRED]
IQBAL SINGH VS. UNION OF INDIA [LAWS(DLH)-2004-11-28] [REFERRED TO]
RAM PAUL VS. UNION OF INDIA [LAWS(DLH)-2005-7-107] [REFERRED TO]
COLONEL B S RAI VS. UNION OF INDIA [LAWS(DLH)-2006-11-122] [REFERRED TO]
WING COMMANDER RAJIV ARORA VS. UOI [LAWS(DLH)-2006-11-204] [REFERRED TO]
SURENDRA KUMAR SAHNI VS. CHIEF OF ARMY STAFF [LAWS(DLH)-2007-1-127] [REFERRED TO]
MAJOR SURESH RANA VS. UNION OF INDIA [LAWS(DLH)-2008-5-181] [REFERRED TO]
R R VERMA VS. UNION OF INDIA [LAWS(ALL)-1993-3-46] [REFERRED TO]
RAM BRIKSH PRASAD VS. MEMBERSECRETARY REGIONAL ADMINISTRATIVE COMMITTEE ASSISTANT GENERAL [LAWS(ALL)-2003-5-122] [REFERRED TO]
RADHEY SHYAM OJHA VS. UNION OF INDIA [LAWS(ALL)-2003-5-31] [REFERRED TO]
SOHAN LAL SINGH MISHRI LAL SINGH VS. BASIC EDUCATION BOARD [LAWS(ALL)-2004-1-38] [REFERRED TO]
STATE OF UTTAR PRADESH VS. TRILOKI NATH PANDEY H C C P 232 [LAWS(ALL)-2004-12-201] [REFERRED TO]
RAM KRISHNA DHANDHANIA VS. CIVIL JUDGE SR DIVN [LAWS(ALL)-2005-7-92] [REFERRED TO]
EX HAVILDAR AKBAR SINGH BANS LAL SINGH VS. CHIEF OF THE ARMY STAFF COMMANDANT AND EX OFFICIO CHIEF RECORDS OFFICER [LAWS(ALL)-2005-8-228] [REFERRED TO]
A INBAM CONSTABLE VS. UNION OF INDIA [LAWS(GAU)-2003-6-31] [REFERRED TO]
SUBRATA TALKUDAR VS. STATE OF ASSAM [LAWS(GAU)-2005-6-43] [REFERRED TO]
WILBIRTHFORTH MOMIN VS. STATE OF MEGHALAYA [LAWS(GAU)-2007-2-45] [REFERRED TO]
EX NO 14533338-K C F N MAHENDRA KUMAR TIWARI VS. UNION OF INDIA [LAWS(ALL)-2008-4-49] [REFERRED TO]
MAJOR GENERAL INDER JIT KUMAR VS. UNION OF INDIA [LAWS(SC)-1997-3-3] [REFERRED TO]
UNION OF INDIA VS. MAJOR A HUSSAIN IC 14827 [LAWS(SC)-1997-12-84] [REFERRED TO]
MAHENDRA MISHRA VS. UP-NIDESHAK ALIASPRASHASANALIAS RAJYA KRISHI UTPADAN MANDI PARISHAD ALLAHABAD [LAWS(ALL)-2003-12-53] [REFERRED TO]
KRIPA SHANKAR YADAV VS. VICE CHANCELLOR ALLAHABAD UNIVERSITY [LAWS(ALL)-2004-9-184] [REFERRED TO]
UNION OF INDIA VS. P D YADAV [LAWS(SC)-2001-10-129] [REFERRED]
UNION OF INDIA VS. RABINDER SINGH [LAWS(SC)-2011-9-11] [REFERRED TO]
UNION OF INDIA VS. MOHINDER SINGH [LAWS(DLH)-2001-3-44] [REFERRED TO]
HARI SHARAN GOYAL VS. BOARD OF GEVERNORS M L N REGIONAL ENGINEERING COLLEGE ALLAHABAD [LAWS(ALL)-1998-11-125] [REFERRED TO]
CHHATRAPAL SINGH VS. STATE OF U P [LAWS(ALL)-2003-9-193] [REFERRED TO]
UMESH CHANDRA VS. STATE OF U P [LAWS(ALL)-2005-10-175] [REFERRED TO]
RAM PAL SINGH VS. STATE OF U P [LAWS(ALL)-2006-3-44] [REFERRED TO]
RUPESH KUMAR SINGH EX NO 15118576 F GUNNER SURVEYOR VS. UNION OF INDIA [LAWS(GAU)-2010-3-56] [REFERRED TO]
C V V REDDY VS. TEAM LEADER ARMY TEAM BHARAT DYNAMICS LIMITED [LAWS(APH)-1992-4-22] [REFERRED TO]
UNION OF INDIA VS. EX NO 13672886-W NAIK NATWAR LAL HARJIWAN DAS [LAWS(ALL)-2009-2-26] [REFERRED TO]
SUBHENDU SEN VSM VS. GOVERNMENT OF INDIA [LAWS(APH)-1997-12-6] [REFERRED TO]
M R S MAHA LAKSHMI VS. DEPUTY TRANSPORT COMMISSIONER OF SECRETARY [LAWS(APH)-2001-4-81] [REFERRED TO]
SURINDER SINGH VS. UNION OF INDIA [LAWS(MPH)-1991-9-6] [REFERRED TO]
INDER JIT KUMAR SANT BAKHSH JI VS. UNION OF INDIA [LAWS(MPH)-1991-10-5] [REFERRED TO]
BAKATAWAR SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1992-2-15] [REFERRED TO]
STATE VS. GOUR GUHA [LAWS(CAL)-1993-10-19] [REFERRED TO]
SAVANT PURUSHOTTAM VLTTAL RAO VS. GOVERNMENT OF INDIA [LAWS(KAR)-2001-7-38] [REFERRED TO]
SATYANJAY TRIPATHI VS. BANARSI DEVI [LAWS(MPH)-2011-2-65] [REFERRED TO]
MOOSAKOYA VS. STATE OF KERALA [LAWS(KER)-2007-12-27] [REFERRED TO]
SUBASH VS. STATE OF KERALA [LAWS(KER)-2008-2-4] [REFERRED TO]
GOVERNMENT OF INDIA VS. MD ABBAS MOHIDDEN [LAWS(MAD)-2009-2-95] [REFERRED TO]
S K DEY VS. UNION OF INDIA [LAWS(MAD)-2009-4-362] [REFERRED TO]
N RAJENDRAN VS. V C P PERIAKATHAN [LAWS(MAD)-2011-12-22] [REFERRED TO]
SALIL LAWRENCE VS. SUBRATO MUKHARJEE [LAWS(CHH)-2006-2-24] [REFERRED TO]
CAPT PARAMJEET SINGH VS. UNION OF INDIA [LAWS(RAJ)-1991-6-3] [REFERRED TO]
COLONEL S M MEHTA VS. UNION OF INDIA [LAWS(RAJ)-1993-5-34] [REFERRED TO]
OM PRAKASH VS. UNION OF INDIA [LAWS(RAJ)-1995-4-28] [REFERRED TO]
MONIKA JAIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-10-29] [REFERRED TO]
UNION OF INDIA VS. EX SEPOY CHANDER SINGH [LAWS(RAJ)-1997-11-20] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT VS. SUGNA RAM [LAWS(RAJ)-1998-3-1] [REFERRED TO]
RAM CHANDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-13] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND VS. INDUSTRIAL TRIBUNAL [LAWS(RAJ)-1998-12-5] [REFERRED TO]
STATE OF RAJASTHAN VS. BASANT PRAKASH [LAWS(RAJ)-1999-1-49] [REFERRED TO]
MOHAMMAD YUNUS VS. URBAN IMPROVEMENT TRUST JODHPUR [LAWS(RAJ)-1999-6-7] [REFERRED]
ROOPA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-2-67] [REFERRED TO]
JASWANT SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-8-23] [REFERRED TO]
BAGH SINGH RAO VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-10-14] [REFERRED TO]
DAKSHA SANKHLA VS. JAI NARAIN VYAS UNIVERSITY JODHPUR [LAWS(RAJ)-2001-2-43] [REFERRED TO]
EX-MAJOR VIRENDRA SHARMA VS. UNION OF INDIA [LAWS(RAJ)-2001-5-116] [REFERRED TO]
J K J K UDAIPUR UDYOG LTD VS. STATEJ K UDAIPUR UDYOG LTD [LAWS(RAJ)-2001-12-6] [REFERRED TO]
GOLDEN TRINGLE FORT and PALACE PVT LTD VS. RAJKUMARI SIDHI KUMARI [LAWS(RAJ)-2002-9-17] [REFERRED TO]
State of U.P. VS. Prem Shankar Sharma and others [LAWS(ALL)-2006-10-213] [REFERRED TO]
EX. HAVILDAR AKBAR SINGH VS. CHIEF OF THE ARMY STAFF [LAWS(ALL)-2005-8-284] [REFERRED TO]
MAJOR GENERAL A.K. LAL VS. UNION OF INDIA [LAWS(RAJ)-2008-11-54] [REFERRED TO]
UNION OF INDIA VS. SURINDER KUMAR [LAWS(J&K)-2014-4-7] [REFERRED TO]
Bakatawar Singh Balkrishan Engineers Pvt. Ltd. VS. State of M.P. [LAWS(MPH)-1992-4-25] [REFERRED TO]
SHINDER SINGH VS. UNION OF INDIA [LAWS(P&H)-2008-7-88] [REFERRED TO]
NAWAB KHAN, SUB [NO 870021695] VS. UNION OF INDIA [LAWS(J&K)-2006-2-14] [REFERRED TO]
Y S NAGAR (MAJOR) VS. UNION OF INDIA [LAWS(J&K)-1999-5-22] [REFERRED TO]
RAMESH MOHAN (LT COL ) VS. UNION OF INDIA [LAWS(J&K)-2002-9-20] [REFERRED TO]
V.L.N. THAKUR VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2012-11-146] [REFERRED TO]
SEPL/NK JANG SINGH VS. UOI [LAWS(DLH)-2015-3-164] [REFERRED TO]
JANG SINGH VS. UOI AND ORS. [LAWS(DLH)-2015-3-447] [REFERRED TO]
N. CHINNAN VS. THE STATE AND ORS. [LAWS(MAD)-2015-3-553] [REFERRED TO]
TULSIRAM SAHU VS. UNION OF INDIA (UOI), REP. THOUGH ITS DIRECTOR GENERAL OF POSTS AND ORS. [LAWS(ORI)-2009-4-66] [REFERRED TO]
SEP. AKHALESH KUMAR RAY VS. UOI AND ORS. [LAWS(DLH)-2015-9-61] [REFERRED TO]
OLI MOHAMMED VS. STATE [LAWS(MAD)-2015-3-624] [REFERRED TO]
RABINDER SINGH VS. UNION OF INDIA [LAWS(P&H)-2001-7-165] [REFERRED TO]
PRAKASH M.K. AND ORS. VS. THE UNION OF INDIA AND ORS. [LAWS(KAR)-2015-1-588] [REFERRED TO]
GOUR GUHA VS. STATE OF WEST BENGAL [LAWS(CAL)-1993-10-23] [REFERRED TO]
PANCHANAN SAHOO VS. HIGH COURT OF ORISSA AND ANR. [LAWS(ORI)-2008-12-118] [REFERRED TO]
B.R. MOULI VS. COMMANDING OFFICER, ANDHRA PRADESH AND OTHERS [LAWS(APH)-1999-7-186] [REFERRED TO]
ILIAS SK., VS. STATE OF W. B. AND OTHERS [LAWS(CAL)-1996-9-48] [REFERRED TO]
BABU LAL NAGAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-4-77] [REFERRED TO]
DR. MOHAMMAD ABDUL AZIZ VS. UNION OF INDIA [LAWS(ALL)-1994-9-136] [REFERRED TO]
LT COL. (NOW MAJOR) GIAN SINGH DHILLON VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2006-12-111] [REFERRED]
Y S NAGAR, MAJOR VS. UNION OF INDIA AND ORS [LAWS(J&K)-1999-5-33] [REFERRED]
MAJOR GENERAL RAKESH KUMAR LOOMBA VS. UNION OF INDIA [LAWS(DLH)-2008-6-12] [REFERRED]
KNK SHINDER SING VS. UNION OF INDIA (UOI) AND ORS [LAWS(P&H)-2008-7-140] [REFERRED]
LT.COL (RETD.) G.S. DHILLON VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2010-3-391] [REFERRED TO]
UNION OF INDIA AND OTHERS VS. LT COL SURJIT SINGH [LAWS(P&H)-2008-4-210] [REFERRED]
YOGENDRA KUMAR TIWARI VS. STATE OF U.P. [LAWS(ALL)-2017-5-143] [REFERRED TO]
JASWANT SINGH VS. UNION OF INDIA & ANR [LAWS(SC)-2018-12-69] [REFERRED TO]
UNION OF INDIA VS. EX. NO. 3192684 W. SEP. VIRENDRA KUMAR [LAWS(SC)-2020-1-7] [REFERRED TO]
RAJEEV SURI VS. DELHI DEVELOPMENT AUTHORITY [LAWS(SC)-2021-1-9] [REFERRED TO]


JUDGEMENT

- (1.)Counsel appearing in these two petitions both for the petitioners and the respondents submitted that many of the questions are common in these two petitions and they can be heard together and disposed of. We shall, however, first take up Writ Petition (Crl.) No. 4781/ 89 in which several questions including those that arise in the other petition are urged.
WRIT PETITION (CRL.) NO. 478 OF 1989

(2.)This writ petition is filed under Article 32 of the Constitution of India. The petitioner at the relevant time was a Major in the Indian Army. He was charge-sheeted and tried by the court-martial for certain offences and was found guilty and punishment of removal from service was ordered. The court-martial proceedings and the order of punishment are questioned on various grounds.
(3.)It is mainly contended that the inquiring officer was prejudiced and biased against the petitioner and mala fides are also alleged against him. The next submission is that the initiation of summary of evidence was irregular and illegal as the same was not in conformity with the Army Rules 22 to 25. The further submission is that the general court-martial proceedings were not conducted as per law and that no grounds were made out for court-martial. Another submission is that the punishment was awarded in an arbitrary manner and that there is no confirmation of sentence as per law.
;


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