SHISH RAM versus UNION OF INDIA & ORS.

SHISH RAM versus UNION OF INDIA & ORS.

Brigade commander had statutory authority to dismiss the appellant, and dismissal under Army Act renders appellant ineligible for pension or gratuity.

Parties
Appellant: Shish Ram; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
23 November 2011
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Decision in Writ Petition (civil) No. 5580 of 2000
Outcome
Appeal dismissed
Legal Topics
Dismissal From Defence Service, Pension Eligibility, Authority of Brigade Commander
Military Law Administrative Law Dismissal From Defence Service Pension Eligibility Authority of Brigade Commander

Case Brief

Summary, issues, holding and outcome

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Parties

Shish Ram

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Decision in Writ Petition (civil) No. 5580 of 2000

Legal Issues

  1. 1 Whether the brigade commander had authority to dismiss the appellant from reserve service
  2. 2 Whether the appellant was eligible for pension or gratuity after dismissal under the Army Act

Ratio Decidendi

Brigade commander had statutory authority to dismiss the appellant, and dismissal under Army Act renders appellant ineligible for pension or gratuity.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs