VidhiSangh

Supreme Court of India · 25/09/2019

UNION OF INDIA & ORS. versus LT. COL. KULDEEP YADAV

[2019] 15 S.C.R. 662 · 2019 INSC 1083

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Summary

The Armed Forces Tribunal required reconsideration of a recordable censure imposed for an officer’s admitted unauthorised foreign contacts and security-instruction breaches. The Court held that the Tribunal had substituted its assessment of punishment without establishing exceptional disproportionality. Excellent service, possible promotion consequences and the choice of administrative action did not justify interference on these facts. The censure and rejection of the statutory complaint were restored.

Issues

  1. Whether the Tribunal properly interfered with the severity of the administrative censure.
  2. Whether the officer could reopen the merits after admitting the allegations and seeking leniency.

Provisions considered

Held

Result

The appeal was allowed without costs. The Tribunal’s judgment was set aside, and the Government’s rejection of the statutory complaint and the competent authority’s order imposing Severe Displeasure (Recordable) were restored. Permission to reopen the admitted allegations was refused; pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 662.