UNION OF INDIA Vs. MAJOR S.P. SHARMA
LAWS(SC)-2014-3-12
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
March 06,2014
UNION OF INDIA
Appellant
VERSUS
Major S.P. Sharma
Respondents
Referred Judgements :-
GHAIO MAL AND SONS VS. STATE OF DELHI [REFERRED TO]STATE OF UTTAR PRADESH VS. BABU RAM UPADHYA [REFERRED TO]
MOTI RAM DEKA SUDHIR KUMAR DAS PRIYA GUPTA MOTI RAM DEKA TIRATH RAM LAKHANPAL UNION OF INDIA HARI KISHORE RAM CHANDRA LAL RAM DUTTA UPADHYA ONKAR NATH AKHAURIA VS. GENERAL MANAGER NORTH EAST FRONTIER RAILWAY:GENERAL MANAGER NORTH EAST FRONTIER RAILWAY:GENERAL MANAGER NORTH EAST FRONTIER RAILWAY:GENERAL MANAGER NORTH EASTERN RAILWAY:UNION OF INDIA:S B TEWARI:PARIMAL GUPTA:PREMCHAND THAKUR:S B TEW [REFERRED TO]
RAM SARUP VS. UNION OF INDIA [REFERRED TO]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
GOPAL KRISHNAJI KETKAR VS. MOHAMED HAJI LATIF [REFERRED TO]
MATHURA PRASAD BAJOO JAISWAL VS. DOSSIBAI N B JEEJEEBHOYF [REFERRED TO]
BHUT NATH METE VS. STATE OF WEST BENGAL [REFERRED TO]
MAGANLAL CHHAGANLAL PRIVATE LIMITED PARWATIBAI PUNDALIK LEGAD UMAR HABIB BIBI BATOOL PARWATIBAI PUNDALIK LEGAD VS. MUNICIPAL CORPORATION OF GREATER BOMBAY:THE PRINCIPAL JUDGE CITY CIVIL COURTS:J R VIMADALAL:ENQUIRY OFFICER:THE PRINCIPAL JUDGE CITY CIVIL COURTS [REFERRED TO]
STATE OF RAJASTHAN STATE OF MADHYA PRADESH STATE OF PUNJAB VS. UNION OF INDIA [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
AMBIKA PRASAD MISHRA VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHIEF OF ARMY STAFF VS. MAJOR DHARAM PAL KUKRETY [REFERRED TO]
CHIEF OF ARMY STAFF VS. MAJOR DHARAM PAL KUKRETY [REFERRED TO]
SUPREME COURT EMPLOYEES WELFARE AS SOCIATION SUPREME COURT FOURTH CLASS EM PLOYEES WELFARE ASSOCIATION S P JAIN VS. UNION OF INDIA [REFERRED TO]
ISABELLAJOHNSON VS. M A SUSAI [REFERRED TO]
KRISHANLAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
S R BOMMAI VS. UNION OF INDIA [REFERRED TO]
JAY LAXMI SALT WORKS PRIVATE LIMITED VS. STATE OF GUJARAT [REFERRED TO]
KHODAY DISTILLERIES LIMITED VS. REGISTRAR GENERAL SUPREME COURT OF INDIA [REFERRED TO]
MOHAMMAD ASLAM VS. UNION OF INDIA [REFERRED TO]
BABU SINGH BAINS VS. UNION OF INDIA [REFERRED TO]
RUPA ASHOK HURRA VS. ASHOK HURRA [REFERRED TO]
V RAJESHWARI VS. T C SARAVANABAVA [REFERRED TO]
UNION OF INDIA VS. RANBIR SINGH RATHAUR [REFERRED TO]
I R COELHO VS. STATE OF TAMIL NADU [REFERRED TO]
B P SINGHAL VS. UNION OF INDIA [REFERRED TO]
M NAGABHUSHANA VS. STATE OF KARNATAKA [REFERRED TO]
RAVI YASHWANT BHOIR VS. DISTRICT COLLECTOR, RAIGAD [REFERRED TO]
UNION OF INDIA VS. MAJOR S.P. SHARMA [REFERRED TO]
Cited Judgements :-
MARY JACOB VS. ELIZABETH JACOB [LAWS(KER)-2015-7-265] [REFERRED TO]SURAJ TILES P LTD VS. GRAIN PROCESSING INDUSTRIES INDIA P LTD [LAWS(NCD)-2015-7-202] [REFERRED]
N. SADANANDA SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2022-6-13] [REFERRED TO]
A. MUNIAPPAN VS. TAHSILDAR, TAMBARAM TALUK [LAWS(MAD)-2014-8-167] [REFERRED TO]
RAMNARAYAN VS. MAHAVEER [LAWS(RAJ)-2023-1-162] [REFERRED TO]
COL BALDEV SINGH SEKHON & OTHERS VS. STATE OF PUNJAB & OTHERS [LAWS(P&H)-2014-11-563] [REFERRED]
CHANDRAKANTH VS. N.E.K.R.T.C. AND ORS. [LAWS(KAR)-2015-4-61] [REFERRED TO]
C. H. MADHAVA RAO VS. SOUTH [LAWS(MAD)-2023-7-116] [REFERRED TO]
TH. SABANAM DEVI VS. STATE OF MANIPUR [LAWS(MANIP)-2021-6-11] [REFERRED TO]
SAMPAT LAL TRIPATHI AND OTHERS VS. JAWAHARLAL NEHRU KRISHI VISHWAVIDYALAYA [LAWS(MPH)-2017-9-223] [REFERRED TO]
ANINDYA SUNDAR DAS VS. UNION OF INDIA & ORS [LAWS(CAL)-2017-12-31] [REFERRED TO]
ARANI MUKHOPADHYAY VS. EMPLOYEES PROVIDENT FUND ORGANIZATION & ORS [LAWS(CAL)-2019-9-30] [REFERRED TO]
EMBASSY HOTELS PVT. LTD. VS. GAJARAJ AND CO. [LAWS(SC)-2014-11-26] [REFERRED TO]
N. CHANDRASEKARAN VS. ARULMIGHU THIRUVATTEESWARAR THIRUKKOIL [LAWS(MAD)-2020-1-301] [REFERRED TO]
TH. DEBENDRA KUMAR SINGH AND ORS. VS. THE STATE OF MANIPUR AND ORS. [LAWS(MANIP)-2015-9-7] [REFERRED TO]
MAHESH KUMAR VS. STATE OF U P [LAWS(ALL)-2015-2-106] [REFERRED TO]
TAPAN KUMAR BHATTACHARYA VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-10-36] [REFERRED TO]
K.A. SANTHOSH KUMAR VS. STATE OF KERALA [LAWS(KER)-2020-1-95] [REFERRED TO]
KUMBESWARAR KOIL VS. COMMISSIONER [LAWS(MAD)-2023-10-102] [REFERRED TO]
M.GOVINDASAMY VS. R.KRISHNAN [LAWS(MAD)-2018-11-18] [REFERRED TO]
HEMALATHA VS. STATE OF KERALA [LAWS(KER)-2024-1-109] [REFERRED TO]
VIVEKY RAI VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2017-4-150] [REFERRED TO]
PRAKASH CHAND AND OTHER VS. GANGA VISHAN GUJARATI AND OTHERS [LAWS(RAJ)-2018-8-5] [REFERRED TO]
CHANCHAL KUMAR CHATTERJEE VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2018-8-266] [REFERRED TO]
ADITYA BIRLA MONEY LIMITED VS. NATIONAL STOCK EXCHANGE OF INDIA LIMITED [LAWS(MAD)-2020-6-69] [REFERRED TO]
MARY JACOB VS. ELIZABETH JACOB AND ORS. [LAWS(KER)-2015-7-217] [REFERRED TO]
BIRBHUM DISTRICT PRIMARY SCHOOL COUNCIL AND ANR. VS. GOLAM MURTOZA AND ORS. [LAWS(CAL)-2016-7-35] [REFERRED TO]
STATE OF U.P. VS. SURYAMANI SINGH AND ORS. [LAWS(ALL)-2015-5-296] [REFERRED TO]
T.HARISH RAO VS. GOVERNMENT OF A.P. [LAWS(TLNG)-2024-4-77] [REFERRED TO]
VINAYKUMAR S. VS. STATE OF KARNATAKA [LAWS(KAR)-2022-8-442] [REFERRED TO]
MAYENGBAM SANAHAL MEETEI VS. STATE OF MANIPUR [LAWS(MANIP)-2022-11-9] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD. VS. STATE OF M.P. AND ANOTHER [LAWS(CHH)-2017-11-49] [REFERRED TO]
AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD VS. ZESTY FOODS [LAWS(DLH)-2023-7-92] [REFERRED TO]
M. H. PATEL VS. NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION [LAWS(DLH)-2022-11-162] [REFERRED TO]
GULMALI AMRULLAH BABUL AND ORS. VS. SHABBIR SALEBHAI MAHIMWALA [LAWS(BOM)-2015-10-93] [REFERRED TO]
OLIUL MONDAL VS. EKSAD ALI [LAWS(CAL)-2017-5-138] [REFERRED TO]
M. P. NARAYANAN NAMBIAR VS. EBIN VISWANATH V. [LAWS(KER)-2024-1-192] [REFERRED TO]
ABDUL HELIM KHAN VS. STATE OF MANIPUR [LAWS(MANIP)-2022-5-3] [REFERRED TO]
BANSHI JANA VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-7-168] [REFERRED TO]
AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD. VS. ZESTY FOODS [LAWS(DLH)-2023-7-150] [REFERRED TO]
GULMALI AMRULLAH BABUL VS. SHABBIR SALEBHAI MAHIMWALA [LAWS(BOM)-2015-9-363] [REFERRED]
V. SANTHOSAM VS. THE INSPECTOR GENERAL CUM CHIEF SECURITY COMMISSIONER [LAWS(MAD)-2014-9-336] [REFERRED TO]
BRIJENDRA PRASAD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-39] [REFERRED TO]
DEVENDRA CONSTRUCTION CO. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-5-249] [REFERRED TO]
NEELIMA SRIVASTAVA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2021-8-30] [REFERRED TO]
HDFC BANK LTD. VS. UNION OF INDIA [LAWS(SC)-2022-9-152] [REFERRED TO]
GOVT. OF NCT OF DELHI VS. M/S. K.L. RATHI STEELS LIMITED [LAWS(SC)-2023-3-64] [REFERRED TO]
N.RAMARAJU VS. PRINCIPAL SECRETARY,REVENUE DEPARTMENT [LAWS(KAR)-2021-8-9] [REFERRED TO]
J D MOSSES VS. MEKA SHESHAMMA [LAWS(KAR)-2019-6-333] [REFERRED TO]
JUDGEMENT
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(1.)These appeals have been filed against the common judgment and order dated 21.12.2000 passed by Delhi High Court in L.P.A. Nos. 4, 43, 139, 148 of 1987, 21 of 1988, 77 of 1993 and 86 of 1994. By the said judgment, the High Court allowed the appeals preferred by the respondents and quashed not only their termination orders but also the General Court Martial (hereinafter referred to as 'GCM') proceedings held against Captain Ashok Kumar Rana and Captain R.S. Rathaur.
(2.)Before we proceed with the matter, it would be appropriate to highlight the factual background and brief history of the case. In February 1971, Gunner Sarwan Dass was cultivated by Pakistan Intelligence. In 1972 Captain Ghalwat and Gunner Sarwan Dass crossed the international border. In 1973 Captain Ghalwat and Gunner Sarwan Dass were posted in Babina (M.P.).
In 1974 Gunner Aya Singh was cultivated by Gunner Sarwan Dass for Pak Intelligence. Captain Nagial was then cultivated by Aya Singh for Pak Intelligence. In 1975 for the first time the espionage racket came to be noticed. Aya Singh and Sarwan Dass were arrested. In 1976-77 pursuant to the investigation, three more jawans were arrested. They corroborated the involvement of Sarwan Dass. Sarwan Dass and Aya Singh on further interrogation disclosed the names of Captain Ghalwat and Captain Nagial. In 1976-77 Captain Ghalwat and Captain Nagial were tried by GCM and were convicted. Ghalwat was cashiered and given 14 years' RI. Nagial was given 7 years' RI and was also cashiered. In addition, 12 jawans were tried and they were given RI of various descriptions and were dismissed from services. Aya Singh and Sarwan Dass were also among the 12 jawans tried and held guilty. Later in 1978 it was discovered that Aya Singh was holding back certain relevant information relating to espionage activities under certain alleged threat and pressure. Wife of Aya Singh claimed to be killed. Reeling under the shock of the circumstances, he made further disclosures wherein he named Captain Rathaur and Captain A.K. Rana; disclosed that he had been receiving threats that if he disclosed anything his wife would be killed. Accordingly, in 1978 Captain Rathaur and Captain A.K. Rana were interrogated. As a result, 42 army personnel i.e. 19 officers, 4 junior commissioned officers (JCOs) and 19 other ranks (ORs), were arrested.
Out of the 19 officers, 3 officers were tried by GCM, two were convicted, namely, Captain Ranbir Singh Rathaur and Captain A.K. Rana, and one was acquitted. Captain Ranbir Singh Rathaur and Captain A.K. Rana were sentenced to RI for 14 years each and were cashiered. Against 13 officers, disciplinary actions were initiated. However, a decision was taken not to try them and an administrative order under Section 18 of the Army Act, 1950 (in short "the Army Act") was passed terminating their services.
(3.)The present appeals arise out of the order passed way back in 1980 terminating the services of the respondents herein which were brought invoking the doctrine of pleasure as enshrined under Article 310 of the Constitution of India, 1950 (hereinafter referred to as the 'Constitution') coupled with the powers to be exercised under Section 18 of the Army Act. Initially, the orders of dismissal were passed on 11.1.1980, which were assailed in nine writ petitions that were dismissed by the High Court of Delhi on 21.4.1980. The special leave petitions against these writ petitions came to be dismissed by this Court on 1.9.1980.
(2.)Before we proceed with the matter, it would be appropriate to highlight the factual background and brief history of the case. In February 1971, Gunner Sarwan Dass was cultivated by Pakistan Intelligence. In 1972 Captain Ghalwat and Gunner Sarwan Dass crossed the international border. In 1973 Captain Ghalwat and Gunner Sarwan Dass were posted in Babina (M.P.).
In 1974 Gunner Aya Singh was cultivated by Gunner Sarwan Dass for Pak Intelligence. Captain Nagial was then cultivated by Aya Singh for Pak Intelligence. In 1975 for the first time the espionage racket came to be noticed. Aya Singh and Sarwan Dass were arrested. In 1976-77 pursuant to the investigation, three more jawans were arrested. They corroborated the involvement of Sarwan Dass. Sarwan Dass and Aya Singh on further interrogation disclosed the names of Captain Ghalwat and Captain Nagial. In 1976-77 Captain Ghalwat and Captain Nagial were tried by GCM and were convicted. Ghalwat was cashiered and given 14 years' RI. Nagial was given 7 years' RI and was also cashiered. In addition, 12 jawans were tried and they were given RI of various descriptions and were dismissed from services. Aya Singh and Sarwan Dass were also among the 12 jawans tried and held guilty. Later in 1978 it was discovered that Aya Singh was holding back certain relevant information relating to espionage activities under certain alleged threat and pressure. Wife of Aya Singh claimed to be killed. Reeling under the shock of the circumstances, he made further disclosures wherein he named Captain Rathaur and Captain A.K. Rana; disclosed that he had been receiving threats that if he disclosed anything his wife would be killed. Accordingly, in 1978 Captain Rathaur and Captain A.K. Rana were interrogated. As a result, 42 army personnel i.e. 19 officers, 4 junior commissioned officers (JCOs) and 19 other ranks (ORs), were arrested.
Out of the 19 officers, 3 officers were tried by GCM, two were convicted, namely, Captain Ranbir Singh Rathaur and Captain A.K. Rana, and one was acquitted. Captain Ranbir Singh Rathaur and Captain A.K. Rana were sentenced to RI for 14 years each and were cashiered. Against 13 officers, disciplinary actions were initiated. However, a decision was taken not to try them and an administrative order under Section 18 of the Army Act, 1950 (in short "the Army Act") was passed terminating their services.
(3.)The present appeals arise out of the order passed way back in 1980 terminating the services of the respondents herein which were brought invoking the doctrine of pleasure as enshrined under Article 310 of the Constitution of India, 1950 (hereinafter referred to as the 'Constitution') coupled with the powers to be exercised under Section 18 of the Army Act. Initially, the orders of dismissal were passed on 11.1.1980, which were assailed in nine writ petitions that were dismissed by the High Court of Delhi on 21.4.1980. The special leave petitions against these writ petitions came to be dismissed by this Court on 1.9.1980.
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