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Jogender F/No.155111096 Rt/Gd vs Union Of India And Ors on 4 March, 2020 cites

V.P. Ahuja vs State Of Punjab & Ors on 6 March, 2000

The judgment rendered in the case of V.P. Ahuja's (supra), is a complete answer to the question above. As submitted earlier, 'desertion' is a serious allegation. Therefore, in the present set of circumstances and taking into account the allegation of misconduct and desertion, termination order even of a temporary employee without enquiry cannot be sustained.
Supreme Court of India Cites 1 - Cited by 218 - Full Document

Ranjit Thakur vs Union Of India And Ors on 15 October, 1987

Further, the Hon'ble Apex Court in the case of Rajit Thakur vs. Union of India (UOI) and others, (1987) 4 SCC 611 too while looking into the doctrine of proportionality held that the question of choice and quantum of punishment are no doubt with the jurisdiction and discretion of Court- Martial but sentence should suit offence and offender, sentence should not be vindictive or unduly harsh and should not be so disproportionate to offence as to shock conscience.
Supreme Court of India Cites 14 - Cited by 731 - A P Sen - Full Document

Union Of India & Ors vs Manoj Deswal & Ors on 28 October, 2015

At this stage, the judgment of Hon'ble the Apex Court relied upon by learned counsel for the respondents rendered in Civil Appeal No.5015 of 2008 titled as Union of India and others vs. Manoj Deswal and others, decided on 28.10.2015, does not help. In the said case, the enquiry 12 of 13 ::: Downloaded on - 11-04-2020 22:28:07 ::: CWP-7493-2018 -13- was held and in the said enquiry, the appellant was declared 'deserter' and held that the appellant would never be a good soldier. Here, the petitioner was held 'deserter' without holding enquiry. Moreover, the petitioner had completed 26 weeks of training and his periodical report was found to be very good and satisfactory. The said periodical report dated 11.6.2016 as placed on record as Annexure P-2 is reproduced below:-
Supreme Court of India Cites 4 - Cited by 3 - A R Dave - Full Document
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