VidhiSangh

Supreme Court of India · 11/03/2019

UNION OF INDIA & ORS. versus EX. NO.6492086A SEP/ASH KULBEER SINGH

[2019] 4 S.C.R. 1099 · 2019 INSC 340

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Summary

The Supreme Court restored dismissal of a soldier who admitted 302 days’ unauthorized absence. Section 39 did not preclude dismissal, which Section 71 expressly authorized. Twelve years of service did not make the punishment disproportionate on these facts, and the Tribunal’s notional-service direction to secure pension was set aside.

Issues

  1. Whether dismissal was an available punishment for unauthorized absence.
  2. Whether the Tribunal rightly replaced dismissal with notional service until pension eligibility.

Provisions considered

Held

Result

Union appeal allowed; Armed Forces Tribunal judgment set aside and OA 483 of 2012 dismissed, restoring the court-martial dismissal. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 1099.