EX. LAC YOGESH PATHANIA versus UNION OF INDIA & ORS.

EX. LAC YOGESH PATHANIA versus UNION OF INDIA & ORS.

The view taken by the Armed Forces Tribunal was a plausible view, supported by direct evidence of misconduct, and did not warrant interference in appeal as no point of law of general public importance was involved.

Parties
Appellant: Ex. LAC Yogesh Pathania; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
08 January 2019
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court; Application for Leave to Appeal
Outcome
Appeal and application for leave dismissed.
Legal Topics
Disciplinary Proceedings, Jurisdiction of Supreme Court Under Armed Forces Tribunal Act, Breach of Good Order and Discipline
Military Law Administrative Law Disciplinary Proceedings Jurisdiction of Supreme Court Under Armed Forces Tribunal Act Breach of Good Order and Discipline

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Parties

Ex. LAC Yogesh Pathania

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court; Application for Leave to Appeal

Legal Issues

  1. 1 Whether findings of District Court Martial and Armed Forces Tribunal warranted interference by the Supreme Court
  2. 2 Whether point of law of general public importance was involved to grant leave to appeal

Ratio Decidendi

The view taken by the Armed Forces Tribunal was a plausible view, supported by direct evidence of misconduct, and did not warrant interference in appeal as no point of law of general public importance was involved.

Court Disposition

Appeal and application for leave dismissed.

Orders

  • IA No.1 of 2016 along with Civil Appeal D. No. 14214 of 2016 dismissed.