Lt. Harischandra vs Commander of the Army and Others – sllr 2012 volume 1 page 416

In the case between Lt. Harischandra (petitioner) and the Commander of the Army and Others (respondents), the court addressed whether an officer can be discharged from the Army solely on the findings of a Court of Inquiry or a Military Police investigation, without the benefit of a proper trial or Court Martial. It was held that discharge—a serious disciplinary punishment—must be imposed only after conviction by a Court Martial, in adherence to the rules of natural justice, and not based merely on preliminary fact-finding processes. The principle reaffirmed is that punitive measures affecting employment rights require full procedural safeguards and due process, as set out under the Army Act. The judgment emphasized that failure to comply renders such discharge orders ultra vires and invali