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january 2019

Supreme Court of India · 2019-01-08

Ex.Lac Yogesh Pathania vs Union Of India

Citation / case number
AIRONLINE 2019 SC 2584
Court
Supreme Court of India
Petitioner
Ex.Lac Yogesh Pathania
Respondent
Union Of India
Author
Hemant Gupta
Bench
Hemant Gupta, Dhananjaya Y. Chandrachud

Judgment text excerpt

The Supreme Court, while adjudicating an appeal under Section 30 and Section 31 of the Armed Forces Tribunal Act, 2007, upheld the findings of the District Court Martial (DCM) which convicted the appellant under Section 40(c), Section 40(a), and Section 65 of the Air Force Act, 1950 for insubordination, using criminal force against a superior officer, and acts prejudicial to good order and discipline. The Court confirmed the Tribunal's dismissal of the appeal, finding no error in the DCM's proceedings or the punishment imposed, which included a reduction of rigorous imprisonment from five months to two months. The judgment reinforces the authority of military disciplinary proceedings and the standards of conduct expected from personnel under the Air Force Act.

Ex.Lac Yogesh Pathania vs Union Of India · Niyam