Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Armed Force service – Interference by Armed Forces Tribunal (AFT) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Armed Force service – Interference by Armed Forces Tribunal (AFT) – Scope of – Respondent-officer was posted as the Recruitment Medical Officer– Case against him was that he helped certain candidates in clearing Army Recruitment Rallies by declaring them medically fit – General Court Martial (GCM) found him guilty u/s.7 of the PC Act, 1988 r/w s.69 of the Army Act, 1950 and sentenced him to be cashiered from service and to suffer rigorous imprisonment for one year – In appeal, AFT set aside the order of GCM and convicted him u/s.63 of the Army Act and sentenced him to punishment of forfeiture of seniority of rank of Major and of severe reprimand – AFT also directed that respondent-officer be reinstated in service with no pay and allowance for the period he remained out of service – Instant appeal filed on the ground that the reappreciation of evidence by the AFT was not permissible – Held: AFT was entitled to reappreciate evidence to find out if any findings of the court martial are legally not sustainable due to any reason, or that the finding involves wrong decision on a question of law, or there was material irregularity in the course of trial resulting in miscarriage of justice – If view taken by AFT is found to be a plausible one, it will not be permissible for the Court to interfere with the same only because the court finds the other view to be more probable/plausible – Equally unless the finding of the AFT is found to be perverse or impossible, interference would not be justified – Army Act, 1950 – ss.63, 69 – Prevention of Corruption Act, 1988 – s.7 – Judicial review. Evidence: Extra-judicial confession – Prosecution contended that Respondent-officer confessed about his involvement – Held : Extra-judicial confession is a weak piece of evidence – Unless such a confession is found to be voluntary, trustworthy and reliable, the conviction solely on the basis of the same, without corroboration, would not be justified |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 384 |
Petitioner | Union Of India & Ors. |
Respondent | Major R. Metri No. 08585N |
SCR | [2022] 9 S.C.R. 581 |
Judgement Date | 2022-04-04 |
Case Number | 2196 |
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