UNION OF INDIA Vs. SHYAMWATI

JUDGEMENT

(1.) THE challenge by means of this Regular Second Appeal is to the two concurrent judgments of the Courts below, first being of the first Court/Original Court dated 4.7.2009, and second being of the second Court/Appellate Court dated 8.9.2010, and by which judgments, the Courts below have decreed the suit of the respondents and held that the summary court martial conducted by the appellants/defendants was violative of the principles of natural justice. It was also held that Civil Courts had the jurisdiction to entertain the suit by which the punishment of the respondent No.1 of discharge from the Army was challenged.

(2.) THE Court of first instance has very pithily summarized the findings and conclusions with regard to the jurisdiction of the Civil Court and also violative of the principles of natural justice, in the following terms:-

(3.) IN view of the above, there is gross violation of the principles of natural justice in the facts of the present case and I completely agree with the judgments of the Courts below which have set aside the order of discharge.