Vijay Shankar Mishra vs Union Of India & Ors

The Supreme Court held that the discharge of the appellant from the Army Medical Corps under Rule 13(3)III(v) was unjustified as it occurred shortly before he would complete the qualifying service for pension under Rule 132 of the Pension Regulations for the Army 1961. The Court emphasized that the circular No.0201/A/164/Admn-1 dated 10 January 1989 mandates consideration of the nature of offences and the individual's service record before discharge, thus establishing that mere red entries do not automatically warrant discharge. The Court set aside the Tribunal's decision and directed reconsideration of the appellant's case for pension and disability benefits.