NDLI: Union of India & Ors. Vs. Ex. No.6492086a Sep/ash Kulbeer Singh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1950 s.106 Army Act Inquiry into absence without leave
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Army Act, 1950 (46 of 1950)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Army Act, 1950 – s.106 – Inquiry into absence without leave – Respondent-sepoy in the Indian Army failed to report to his new unit – He was declared to be a deserter – However, respondent reported after a lapse of 302 days – He was tried by a Summary Court Martial – Respondent pleaded guilty and he was dismissed from service – However, Armed Forces Tribunal came to conclusion that the finding arrived at by the Summary Court Martial was correct, but the sentence of dismissal was disproportionate – On appeal, held: On perusal of record it is evident that the respondent did not make any effort to apply for extension of his leave – Absence of 302 days from his duty by a member of the Armed Force was not condonable – Tribunal was in error in coming to the conclusion that the punishment which was imposed was harsh – The only basis for finding was that the respondent had put in twelve years of service – However, this was all more a reason why any responsible member of the Armed Forces should not have absented himself from service without permission – Judgment and order of the Armed Forces Tribunal set aside.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 340
Petitioner	Union Of India & Ors.
Respondent	Ex. No.6492086a Sep/ash Kulbeer Singh
SCR	[2019] 4 S.C.R. 1099
Judgement Date	2019-03-11
Case Number	3095

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