Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Act 1950: s.122 – Limitation – In terms of s.122 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Army Act, 1950: s.122 – Limitation – In terms of s.122 of the Army Act, no trial by Court Martial of any person subject to the Army Act, for any offence could be commenced after the expiration of a period of three years, and such period would commence on the date of offence or where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier – In the instant case, aggrieved army officer wrote a letter to concerned authority that he was aware that appellant-army officer was sending indecent messages to his wife which were sexually explicit in nature and that he had reasonable cause to believe that the appellant and his wife had indulged in illegitimate physical relationship with each other – The date on which letter was written would be the crucial date on which the aggrieved person had the knowledge about the commission of the alleged offence – The time started running from the said date for the purpose of s.122 of the Act – Hence for the purpose of s.122, the two dates will be relevant i.e., the date when the alleged offence comes to the knowledge of the person aggrieved and the date on which the authority competent to initiate action comes to know about the alleged offence – Trial by the General Court Martial began after three years and therefore was clearly barred under s.122 of the Act – The said proceedings are quashed – However, as per the well settled legal position, the power of judicial review in the matter of disciplinary proceedings is extremely limited – It is circumscribed by the limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice – The power of judicial review is an evaluation of the decision-making process and not of the merits of the decision itself – Therefore, the disciplinary proceedings initiated against the appellant pursuant to the chargesheet shall continue in accordance with law – Administrative law – Judicial review. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2022 INSC 1182 |
Petitioner | IC-56663X COL ANIL KUMAR GUPTA |
Respondent | Union Of India & Ors. |
SCR | [2022] 9 S.C.R. 700 |
Judgement Date | 2022-11-07 |
Case Number | 8968 |
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