Supreme Court Of India

Hon'ble Judge(s): 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) .....