RANDHIR SINGH versus UNION OF INDIA & ORS.

RANDHIR SINGH versus UNION OF INDIA & ORS.

Convening the SCM was contrary to law as there was no grave reason requiring immediate action; the delay between incident and SCM indicates no urgency. Appellant to be considered discharged from service upon completion of minimum pensionable service, entitling him to pension and arrears.

Parties
Appellant: Randhir Singh; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
08 July 2019
Procedural Posture
Criminal Appeal / Appeal From Armed Forces Tribunal Judgment
Outcome
Appeal allowed; Order of Armed Forces Tribunal modified
Legal Topics
Summary Court Martial, Dismissal and Discharge, Pension Eligibility, Appellate Jurisdiction
Military Law Administrative Law Constitutional Law Summary Court Martial Dismissal and Discharge Pension Eligibility Appellate Jurisdiction

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Parties

Randhir Singh

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Armed Forces Tribunal Judgment

Legal Issues

  1. 1 Whether convening of Summary Court Martial (SCM) was justified under Section 120, Army Act, 1950
  2. 2 Whether the punishment of dismissal was disproportionate and should be modified
  3. 3 Eligibility for pension after discharge instead of dismissal

Ratio Decidendi

Convening the SCM was contrary to law as there was no grave reason requiring immediate action; the delay between incident and SCM indicates no urgency. Appellant to be considered discharged from service upon completion of minimum pensionable service, entitling him to pension and arrears.

Court Disposition

Appeal allowed; Order of Armed Forces Tribunal modified

Orders

  • Appellant's discharge to take effect from completion of fifteen years of service to make him eligible for pension
  • Arrears of pension to be paid to appellant within three months from receipt of certified copy