VidhiSangh

Supreme Court of India · 08/01/2019

EX. LAC YOGESH PATHANIA versus UNION OF INDIA & ORS.

[2019] 1 S.C.R. 161 · 2019 INSC 33

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Summary

An airman challenged court-martial findings of insubordinate language, criminal force against a superior and conduct prejudicial to discipline, upheld by the Armed Forces Tribunal. The Supreme Court found the Tribunal’s evidentiary assessment plausible and no point of law of general public importance warranting leave. It dismissed the leave application with the appeal, leaving dismissal from service and the confirmed two-month imprisonment undisturbed.

Issues

  1. Whether the factual challenge to the Tribunal’s findings warranted leave to appeal under the Armed Forces Tribunal Act.

Provisions considered

Held

Result

I.A. No.1 of 2016 seeking leave and the civil appeal dismissed; Tribunal’s order left undisturbed.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 161.