VidhiSangh

Supreme Court of India · 24/01/2020

SANJAY MARUTIRAO PATIL versus UNION OF INDIA AND OTHERS

[2020] 3 S.C.R. 329 · 2020 INSC 85

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld an Army dismissal under Section 20 read with Rule 17 after an earlier summary court-martial reduction in rank. Applying Harjeet Singh Sandhu, it found no established confirmation giving the earlier verdict the requisite finality, and held the independent administrative power remained available subject to its safeguards. Notice and opportunity had been provided. The Court rejected reliance on a different discharge power as a justification, while sustaining the dismissal on its actual statutory basis.

Issues

  1. Whether the earlier summary court-martial punishment barred later administrative dismissal as double jeopardy.
  2. Whether the actual dismissal complied with the applicable procedure and could be justified by a different discharge provision.

Held

Result

Appeal dismissed, sustaining the dismissal from Army service and the High Court’s ultimate conclusion. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 329.