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

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Army Rules r. 13(3)(III)(v) Discharge from service Service Law 1954 Armed Forces
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Army Rules, 1954 – r. 13(3)(III)(v) – Discharge from service – Appellant was enrolled in the Indian Army as a driver – He suffered four red ink entries during the period from 07.06.1993 and 03.05.1994 – Appellant served for 13 years 7 months and 6 days and before he could complete the pensionable service, he was discharged u/r. 13(3)(III)(v) of the Army Rules solely on the ground of four red ink entries – Aggrieved, appellant filed application before the Armed Forces Tribunal, which was dismissed – Review application was also dismissed – On appeal, held: Award of four red ink entries simply pushes the individual concerned into a grey area where he can be considered for discharge – But just because he qualifies for such discharge, does not mean that he must necessarily suffer that fate – In the instant case, there was nothing adverse against the appellant from the period between 1980 to 07.06.1993 – All the four red ink entries related to period between 07.06.1993 and 03.05.1994 – There was nothing on record to suggest that the nature of the mis-conduct leading to the award of red ink entries was so unacceptable that the competent authority had no option but to direct his discharge to prevent indiscipline in the force – The Commanding Officer failed to take into consideration the relevant aspects and appellant was discharged from service mechanically and solely on the basis of award of four red ink entries – Thus, order of discharge unjustified and not sustainable in law – Service Law – Armed Forces.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 1064
Petitioner	Narain Singh
Respondent	Union Of India & Ors.
SCR	[2019] 13 S.C.R. 115
Judgement Date	2019-09-20
Case Number	7452

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