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Issues:
1. Interpretation of Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954 for termination of services. 2. Validity of termination of services based on misconduct allegations. 3. Consideration of the period of limitation under Section 122 of the Army Act for trial by Court Martial. 4. Requirement of satisfaction for invoking Rule 14(2) for termination of services. 5. Basis for determining impracticability or inexpediency of holding a Court Martial. Analysis: 1. The appellant, a Major in the Indian Army, faced termination of services under Section 19 of the Army Act and Rule 14 of the Army Rules due to alleged misconducts during his tenure. The notice for termination cited impracticability of trial due to time limitations. The appellant challenged the termination on grounds of procedural irregularities and denial of opportunity to defend against the allegations. 2. The High Court initially quashed the termination order, citing the appellant as a scapegoat and questioning the applicability of Section 19 and Rule 14. The judgment relied on a Delhi High Court case for support. However, a Division Bench later overturned this decision, upholding the authority's right to proceed with termination even after the limitation period for trial by Court Martial had expired. 3. The Supreme Court analyzed the provisions of Section 19, Section 122, and Rule 14 to determine the legality of the termination. It emphasized that the time limitation under Section 122 for Court Martial trials is absolute and cannot be circumvented by administrative actions. The Court held that Rule 14(2) cannot be invoked if a trial by Court Martial is legally impossible due to time constraints. 4. The Court further clarified that the satisfaction of impracticability or inexpediency for a Court Martial trial must be based solely on the nature of misconduct and related circumstances. Extraneous factors, such as time limitations, cannot form the basis for invoking Rule 14(2) to terminate an officer's services. The Court provided an illustrative example to highlight the proper application of the rule. 5. Ultimately, the Supreme Court set aside the Division Bench's decision, reinstating the Single Judge's order to quash the termination and directing the appellant's reinstatement with costs awarded. The judgment emphasized the importance of adhering to statutory provisions and ensuring that administrative actions do not contravene legal limitations. This detailed analysis highlights the complex legal issues surrounding the termination of the appellant's services in the Indian Army and the Supreme Court's thorough examination of the relevant statutory provisions and rules to arrive at a just decision.
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