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Supreme Court Of India
Uday Umesh Lalit,
Bela M. Trivedi
, JJ
(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.
(Para 8
9
10)
(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.
(Para 11)
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