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Veerendra Kumar Dubey v. Chief of Army Staff and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal Diary No. 32135 of 2013; listed in the search results as C.A. No. 8914 of 2015; reportable)Decided 16 Oct 2015
Civil Appeal Diary No. 32135 of 2013; listed in the search results as C.A. No. 8914 of 2015; reportable
Justice T.S. Thakur · Justice V. Gopala Gowda · Justice R. Banumathi

Background

The appellant joined the Army's Artillery corps as an operator in 1980. Over about 12 years he received four red ink entries, all for overstaying leave of between 29 and 66 days or for a reprimand. He replied to the show cause notice explaining his circumstances, but was discharged in 1992 without any enquiry. The Armed Forces Tribunal upheld the discharge.

Decision Breakdown

The Supreme Court allowed the appeal and set aside the discharge order. The Court held that the Army's 1988 procedure, although issued as an administrative instruction, rightly requires an impartial enquiry and a finding that the allegations are proved before a soldier is discharged for four red ink entries. The Court said four red ink entries are not a mandatory ground for discharge and that the commanding officer must weigh the nature of each offence, the long service and the hard postings. Because none of this was done, the discharge was held invalid. The appellant was treated as having served until he would have completed qualifying service for pension, without back wages, and his monetary benefits were to be paid within four months.

Lesson Learnt

A government employee cannot be removed merely because a set number of disciplinary entries has been recorded; a fair enquiry and proper consideration of the person's service record are required. Anyone facing discharge should ask whether the mandatory procedure has been followed.

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

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