VIJAY SHANKAR MISHRA vs UNION OF INDIA

The Supreme Court held that the discharge of the appellant from the Army Medical Corps under Rule 13(3)III(v) of the Army Rules was unjustified as it occurred shortly before he would have completed the qualifying service for pension under Rule 132 of the Pension Regulations for the Army 1961. The Court emphasized that the Commanding Officer must consider the nature of offences leading to red ink entries and the circumstances of the service member, particularly when nearing pension eligibility. The Court set aside the Tribunal's dismissal and directed reconsideration of the appellant's claim for pension and disability benefits.