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september 2019

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.

Ex Sepoy Surendra Singh Yadav vs Chief Record Officer · Niyam