Supreme Court of India · 2019-09-20
NARAIN SINGH vs UNION OF INDIA .
- Citation / case number
- SC 2015/40813
- Court
- Supreme Court of India
- Petitioner
- NARAIN SINGH
- Respondent
- UNION OF INDIA .
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court held that the discharge of the appellant from service under Rule 13(3)(III)(v) of the Army Rules, 1954, based solely on four red ink entries, was improper. The Court emphasized that the Commanding Officer must consider the nature of the offences and the long service rendered before deciding on discharge. The Court overturned the Armed Forces Tribunal's dismissal of the appellant's application, ruling that the discharge was not justified given the appellant's 13 years of service and proximity to pensionable service.