VidhiSangh

Supreme Court of India · 20/09/2019

NARAIN SINGH versus UNION OF INDIA & ORS.

[2019] 13 S.C.R. 115 · 2019 INSC 1064

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Summary

An Army driver was discharged shortly before completing pensionable service solely because he had received four red-ink entries within a year. The Court held that four entries merely enabled consideration for discharge and did not require it. The authority had mechanically counted entries without weighing the nature of the misconduct, the otherwise long service record or pension consequences. The discharge was set aside with consequential benefits.

Issues

  1. Whether four red-ink entries justified automatic discharge.
  2. Whether the authority considered the nature of misconduct, length of service and proximity to pension eligibility.

Held

Result

The appeals were allowed without costs and the discharge set aside. The appellant was granted all consequential benefits and continuity of service for all purposes, including pension, as if discharge had not occurred. Monetary benefits were directed to be released within four months.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 115.