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september 2019

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.

NARAIN SINGH vs UNION OF INDIA . · Niyam