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Union of India and Ors. v. Ex. No.6492086A Sep/Ash Kulbeer Singh

Civil Appeal · 2019 INSC 340Decided 11 Mar 2019
Civil Appeal No. 3095 of 2017
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The respondent, an Army sepoy, overstayed his leave without authorisation for 302 days before reporting back, and was also found short of certain issued equipment. A Summary Court Martial, based on his own guilty plea, dismissed him from service. The Armed Forces Tribunal upheld the finding of guilt but held the punishment of dismissal was disproportionate given his 12 years of service, and directed that he be treated as notionally in service until he became eligible for pension. The Union of India appealed this modification of the punishment to the Supreme Court.

Decision Breakdown

The Supreme Court held that the Army Act permits dismissal as a punishment for unauthorised absence (distinct from imprisonment under Section 39), so there was no legal bar to dismissing the respondent. It found the Tribunal had misdirected itself by treating 12 years of service as a reason to excuse a serious and lengthy unauthorised absence, when in fact a disciplined soldier with that much experience should have known better than to remain absent without leave or permission. The Court held an unexplained absence of 302 days by a member of the armed forces could not be condoned, set aside the Tribunal's order, and restored the dismissal from service.

Lesson Learnt

Length of prior service is not automatically a mitigating factor in a serious disciplinary case: tribunals and courts will weigh the gravity and duration of the misconduct (such as a lengthy unauthorised absence by a soldier) against claims that punishment should be softened merely because the person had served for many years.

Official source (sci.gov.in)View Judgment (PDF)

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