Supreme Court of India · 2019-09-06
Ex Sepoy Surendra Singh Yadav vs Chief Record Officer
- Citation / case number
- AIRONLINE 2019 SC 1042
- Court
- Supreme Court of India
- Petitioner
- Ex Sepoy Surendra Singh Yadav
- Respondent
- Chief Record Officer
- Author
- L. Nageswara Rao
- Bench
- Hemant Gupta, L. Nageswara Rao
Judgment text excerpt
The Supreme Court addressed the legality of the discharge of the Appellant under Rule 13 of the Army Rules, 1954, after he was exonerated in a Summary Court Martial for an offence under Section 44 of the Army Act, 1950. The Court held that exoneration does not bar subsequent discharge proceedings based on different allegations, affirming the authority's jurisdiction to discharge the Appellant. The appeal was dismissed, upholding the Armed Forces Tribunal's decision that no grounds were established for setting aside the discharge order.