Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Dismissal from service - On ground of overstaying leave period - Respondent while serving in Air force overstayed the casual leave granted to him without informing his superiors - District Court Martial sentenced him to undergo rigorous imprisonment dismissal fi'om service and reduction in rank |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Dismissal from service - On ground of overstaying leave period - Respondent while serving in Air force, overstayed the casual leave granted to him without informing his superiors - District Court Martial sentenced him to undergo rigorous imprisonment, dismissal from service and reduction in rank - Respondent served the sentence of imprisonment - Tribunal took note of regn. 754(C) and held that punishment awarded to the respondent was excessive and disproportionate and directed reinstatement with period between the date of dismissal to date of rejoining to be treated as non-qualifying service - Held: Respondent overstayed for period of around 1.5 years beyond the casual leave E period without informing his seniors or the nearest military station which is indubitably against the requirement of discipline - Punishment of dismissal was not vindictive, unduly harsh or disproportionate to offence committed by the respondent - Tribunal misdirected itself in invoking regn. 754(C) and exceeded its jurisdiction in overturning the order of punishment -Air Force Act, 1950 - Defence Service Regulations for Armed Forces - regn. 754(C). |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 732 |
Petitioner | Union Of India And Ors. |
Respondent | Ex Lac Nallam Shiva |
SCR | [2017] 7 S.C.R. 530 |
Judgement Date | 2017-08-10 |
Case Number | 967 |
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