NDLI: Randhir Singh Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1950 s.120 Practice & Procedure Army Act Art.142
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Army Act, 1950 (46 of 1950)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Army Act, 1950 – s.120 – Appellant enrolled in the 43 Armed Brigade and at the material time was posted as Acting Lance Dafadar – Allegation that in August, 2007 while on duty for cleaning the service area in the morning, the appellant entered the residence of a colleague and while his spouse was washing her son, placed his hands on her shoulder – Summary Court Martial (SCM)– Appellant dismissed from service – Armed Forces Tribunal (AFT) while holding that the charge was duly established, concluded that the punishment of dismissal being disproportionate be modified to discharge – Plea of appellant that convening of an SCM is by way of an exception where immediate action is necessary– Held: In the exercise of its appellate jurisdiction, Supreme Court would be circumspect in reassessing the evidence when the AFT duly applied its mind to the findings of fact – Power to order an SCM is a drastic power which must be exercised in a situation where it is absolutely imperative that immediate action is necessary, as enunciated by three judge Bench of Supreme Court in Union of India and Others v. Vishav Priya Singh [2016] 5 SCR 473 while interpreting s.120 – Sub-s.(2) of s.120 is prefaced by the words “when there is no grave reason for immediate action”– In the present case, though the incident took place on 11 August 2007, SCM took place on 22 May 2008– Convening of an SCM was contrary to law – Nearly 12 years have elapsed since the date of the incident – Appellant had nearly twelve years’ service when he was dismissed from service – Ends of justice would meet if the discharge of the appellant takes effect from the date on which he completes fifteen years of service so as to render him eligible for the grant of pension – Order of AFT modified – Arrears of pension be paid over to the appellant – Constitution of India – Art.142 – Practice & Procedure. Appellant was enrolled in 1996 in the 43 Armed Brigade and at the material time was posted as Acting Lance Dafadar. It was alleged that in August 2007 while on duty for cleaning the service area in the morning, the appellant entered the residence of a colleague and while his spouse was washing her son, placed his hands on her shoulder. Summary Court Martial (SCM) was conducted and the appellant was dismissed from the service. Armed Forces Tribunal held that the charge was duly established, but concluded that the punishment of dismissal was disproportionate and the same be modified to order of discharge. Hence, the present appeal.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 729
Petitioner	Randhir Singh
Respondent	Union Of India & Ors.
SCR	[2019] 9 S.C.R. 925
Judgement Date	2019-07-08
Case Number	210

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