VidhiSangh

Supreme Court of India · 28/07/2023

EX SEPOY MADAN PRASAD versus UNION OF INDIA AND OTHERS

[2023] 9 S.C.R. 1199 · 2023 INSC 656

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Summary

The Court upheld dismissal from Army service for a soldier’s sixth disciplinary infraction, involving 108 days’ unauthorised overstay. His guilty plea and records defeated the claimed justification and earlier return. Dismissal was authorised within the statutory punishment scale and Summary Court Martial powers; the disciplinary guidelines did not confine the court to the suggested custodial penalty.

Issues

  1. Whether the unauthorised overstay and claimed mitigating facts were established.
  2. Whether a Summary Court Martial could lawfully impose dismissal.
  3. Whether dismissal was disproportionate in light of the service record.

Provisions considered

Held

Result

Appeal dismissed; Armed Forces Tribunal judgment and dismissal from service upheld. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 9 S.C.R. 1199.