Union Of India And Ors vs R.K. Sharma

The Supreme Court held that the penalty of dismissal from service imposed on the Respondent, a Deputy Commandant of Assam Rifles, was disproportionate to the gravity of the misconduct, violating Article 14 of the Constitution. The Court emphasized that the sentence must be commensurate with the offence and should not be unduly harsh or vindictive, referencing Section 72 of the Army Act, 1950. The Court set aside the dismissal and directed the constitution of a new General Court Martial to impose a lesser punishment if necessary.