VIDYA PRAKASH vs UNION OF INDIA & ORS.

The Supreme Court upheld the dismissal of the appellant from service following a summary court martial, affirming the Commanding Officer's authority under Section 116 of the Army Act, 1950 to constitute such a court. The Court noted that the appellant had not raised objections regarding the competence of the Commanding Officer or the representation by counsel during the proceedings. The dismissal was deemed valid as the appellant had previously been convicted multiple times and had pleaded guilty to the charges of absence without leave, thus establishing that the punishment was not disproportionate to the offense committed.