VidhiSangh

Supreme Court of India · 10/08/2017

UNION OF INDIA AND ORS. versus EX LAC NALLAM SHIVA

[2017] 7 S.C.R. 530 · 2017 INSC 732

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Summary

The Court set aside reinstatement of an airman who overstayed leave for roughly eighteen months without informing his unit or a nearby military station. First-offence leniency did not make dismissal shockingly disproportionate to that serious breach of discipline. Exercising case-specific equitable relief, however, the Court substituted discharge simpliciter for dismissal so that the misconduct did not foreclose other employment.

Issues

  1. Whether first-offence guidance justified overturning the disciplinary penalty for prolonged unauthorised overstay.
  2. Whether a limited modification could be granted without reinstatement.

Provisions considered

Held

Result

Appeal partly allowed without costs; reinstatement set aside and dismissal converted to discharge simpliciter.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 530.