UNION OF INDIA Vs. V N SAXENA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Uttaranchal High Court allowing the writ petition filed by the respondent. The respondent had filed the writ petition under Article 226 of the Constitution of India, 1950 (in short the Constitution) questioning the order dated 13-11-1990 whereby his services were terminated by orders of the Chief of Army Staff.

(2.) The High Court primarily relied on a decision of this Court in Major Radha Krishan vs. Union of India and Ors., AIR 1996 SC 3091) and allowed the writ petition.

(3.) The stand of the appellants is that the High Court failed to notice that the relied-upon decision was held to be not correctly decided by a three Judge Bench in Union of India and Ors. vs. Harjeet Singh Sandhu (2001) 5 SCC 593.