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.