Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 Service Law Dismissal from service Maxims – “Nullus Commodum Capere Potest De Injuria Sua Propria” Army Act Employment obtained by playing fraud |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Army Act, 1950 (46 of 1950) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Army Act, 1950 – ss.20(3), 122(4) – Dismissal from service – Propriety of – Appellant, enrolled in Army as Sepoy/Washerman, dismissed from service for obtaining enrolment on the basis of fake relationship certificate – Representation made by appellant, rejected by respondents – Original Application (OA) challenging the said order filed by appellant before Armed Forces Tribunal (AFT) – AFT upheld the dismissal of appellant from service – Plea of appellant that there should have been an inquiry into the matter as per the provisions of 1950 Act – Held: Not tenable – Appellant himself admitted in reply to the show cause notice that his father was not an ex-service man and the Relationship Certificate produced by him was fake – Power of dismissal or removal u/s.20(3) can be exercised if the delinquent has been informed of the particulars of the cause of action and allowed reasonable time to state in writing any reasons he may have to urge against his dismissal/removal from service – In the present case, such an opportunity was given to appellant – Appellant got enrolment by playing a fraud – Fraud vitiates the entire action – A person having done wrong cannot take advantage of his own wrong – Authorities were well within their right to exercise power u/s.20(3) – Armed Forces – Army Rules, 1954 – r.17 – Service Law – Fraud – Maxims – “Nullus Commodum Capere Potest De Injuria Sua Propria”.Fraud – Employment obtained by playing fraud –Consequences – Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 13 |
Petitioner | Ex Sig. Man Kanhaiya Kumar |
Respondent | Union Of India & Ors. |
SCR | [2018] 1 S.C.R. 679 |
Judgement Date | 2018-01-09 |
Case Number | 1804 |
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