No.2809759H Ex-Recruit Babanna Machched vs UoI 2024 INSC 95 :: [2024] 2 S.C.R. 242 – Army – Dismissal From Service

Summary: Discharge/dismissal of the appellants from service is vitiated for non-consideration of their specific case that they have actually not produced any relationship certificate for selection/recruitment as they never applied in the reserved category – An order passed without consideration of the material evidence or the plea would be violative of Principles of Natural Justice and would stand vitiated for non-consideration of the relevant material, plea or the evidence.

Practice and Procedure – Validity of the order impugned has to be tested on the basis of the reasoning contained therein and that the authorities are not supposed to supplement the same by means of extraneous material or affidavit before the courts – Referred to Mohinder Singh Gill vs. Chief Election Commissioner, New Delhi (1978) 1 SCC 405. (Para 22)

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