Supreme Court Of India
Uday Umesh Lalit,
Bela M. Trivedi
(A) Army Act (46 of 1950) , S.122, S.118, S.45— Trial by General Court Martial – Bar of limitation – On 13.08.2015, aggrieved person had come to the knowledge about commission of alleged offence under S. 45 by Army Official – Time had started to run from said date for calculating three years period of limitation for trial – Trial by General Court Martial since commenced on 22.11.2018 i.e. beyond the period of three years from date of knowledge about commission of alleged offence was barred by limitation.
(B) Constitution of India , Art.32— Power of judicial review – Disciplinary proceedings – Judicial review is an evaluation of decision-making process and not of the merits of decision itself – Disciplinary proceedings initiated against Army Official pursuant to charge-sheet shall continue in accordance with law.
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