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august 2019

Supreme Court of India · 2019-08-28

Rabindra Kumar Shaw vs Union Of India Ministry Of Defence

Citation / case number
AIRONLINE 2019 SC 941
Court
Supreme Court of India
Petitioner
Rabindra Kumar Shaw
Respondent
Union Of India Ministry Of Defence
Author
L. Nageswara Rao
Bench
L. Nageswara Rao, Hemant Gupta

Judgment text excerpt

The Supreme Court upheld the termination of the Appellant's service under Section 41(2) of the Army Act for disobeying lawful commands from his superior officer on two occasions. The Court found that the Appellant's absence from duty was willful and that he failed to provide a valid defense or cooperate during the Summary Court Martial proceedings. The Court emphasized that disobedience of lawful commands is a serious offense in the military context, affirming the Armed Forces Tribunal's decision to uphold the termination.

Rabindra Kumar Shaw vs Union Of India Ministry Of Defence · Niyam