Service Law

Armed Forces

— Army Rules, 1954 — R. 17 proviso — Dismissal under, dispensing with enquiry — Validity — Havildar/Clerk (GD) found involved in espionage activities — Taking note of various aspects, Chief of the Army Staff specifically recording that it would be inexpedient to follow the procedure (of affording opportunity) provided in the main part of R. 17 — In such circumstances, dismissal order passed in terms of the proviso to R. 17, upheld, (2006) 6 SCC 510-A

Service Law

Armed Forces

— Army Rules, 1954 — Rr. 17 proviso and 177 — Dismissal of Havildar/Clerk (GD) under proviso to R. 17, dispensing with enquiry after the court of inquiry constituted under R. 177 had confirmed his involvement — Validity — On facts, held, nonetheless valid, (2006) 6 SCC 510-B

Service Law

Armed Forces

— Army Rules, 1954 — R. 17 proviso — Provision in, requiring the cases of dismissal under the proviso to be reported to Central Government, held, do not imply obtaining approval of the Central Government, (2006) 6 SCC 510-C

Interpretation of Statutes

Internal aids

— Proviso — Function of — Case-law stated in Ali M.K. v. State of Kerala, (2003) 11 SCC 632 reiterated, (2006) 6 SCC 510-D