NARAIN SINGH versus UNION OF INDIA & ORS.

NARAIN SINGH versus UNION OF INDIA & ORS.

Order of discharge is unjustified as it was passed mechanically solely on the basis of four red ink entries without consideration of relevant aspects such as nature of offences and long service rendered. Such misconduct did not warrant discharge, especially when pensionable service was near completion.

Parties
Appellant: Narain Singh; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
20 September 2019
Procedural Posture
Civil Appeal / Appeal From Armed Forces Tribunal and Review Application
Outcome
Appeals allowed; order of discharge set aside.
Legal Topics
Discharge From Armed Forces, Army Rules, Red Ink Entries, Pensionable Service
Service Law Armed Forces Discharge From Armed Forces Army Rules Red Ink Entries Pensionable Service

Case Brief

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Parties

Narain Singh

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Armed Forces Tribunal and Review Application

Legal Issues

  1. 1 Whether discharge solely on the basis of four red ink entries under Army Rules 13(3)(III)(v) is justified
  2. 2 Whether proper consideration was given to appellant's long service and nature of misconduct before discharge

Ratio Decidendi

Order of discharge is unjustified as it was passed mechanically solely on the basis of four red ink entries without consideration of relevant aspects such as nature of offences and long service rendered. Such misconduct did not warrant discharge, especially when pensionable service was near completion.

Court Disposition

Appeals allowed; order of discharge set aside.

Orders

  • Order of discharge against appellant set aside.
  • Appellant entitled to all consequential benefits as if discharge order was not passed, including benefit of continuous service for all purposes and pension.