VidhiSangh

Supreme Court of India · 21/01/2020

UNION OF INDIA & ORS. versus R. KARTHIK

[2020] 1 S.C.R. 105 · 2020 INSC 62

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the Armed Forces Tribunal’s substitution of a sailor’s dismissal with 75 days’ detention while retaining deprivation of his First Good Conduct Badge. The Tribunal had statutory power to mitigate disproportionate punishment, and its decision was not arbitrary or patently illegal on this record. The Court did not condone striking a superior officer. Reinstatement was directed within two months with consequential computation and pay fixation, but without back wages for the dismissal-to-reinstatement period.

Issues

  1. Whether the Tribunal exceeded its authority by replacing dismissal with a lesser punishment in the sailor’s disciplinary case.

Provisions considered

Held

Result

Union’s appeal dismissed. Sailor directed to be reinstated within two months, without back wages from dismissal to reinstatement, but with computation of all consequential benefits including pay fixation. Tribunal’s substituted detention and deprivation of First Good Conduct Badge left intact.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 105.