Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1954 Army Rules |
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 | Others |
Headnote | Army Rules, 1954 – rr. 180, 22 and 40(2) – Army Act, 1950 – s.123 –Respondent, commissioned in the Indian Army in 1967, was thereafter appointed as Director General, Supplies and Transport (DGST) in 2005 – A Court of Inquiry (CoI) was ordered to investigate into several allegations against him – CoI only recommended for award of recordable censure against the respondent, but the Army Commander and GOC-in-C directed disciplinary action under the Army Act, 1950 and Army Rules, 1954 – After his retirement in 2006, respondent filed a writ petition before High Court for quashing proceedings against him – High Court held that appellants cannot take any action against the respondent on basis of CoI recommendation, but granted liberty to them to give notice to the respondent and continue with the proceedings under r.180 of the Army Rules, or “exercise any other power available to them under the Act, insofar as they do not rely upon the proceedings on the aforesaid Court of Inquiry” – Appellants, instead of invoking r.180 of the Army Rules, wherein opportunity was to be provided to the respondent, resorted to r.22 of the Army Rules and ordered attachment of the respondent under s.123 of the Army Act – This order was set aside by Armed Forces Tribunal (AFT), which declared the said action as totally unwarranted and illegal – Appellants were however directed to resort to COI after giving an opportunity to the respondent and to comply with the requirement u/r.180 of the Army Rules – In July 2011, General Court Martial (GCM) proceedings, comprising of junior officers than respondent, found respondent guilty of few charges, and sentenced him (i) To be cashiered; and (ii) Rigorous imprisonment for three years subject to confirmation – Chief of Army Staff confirmed the same in January 2012 – Respondent filed appeal before the AFT, which modified the sentence to dismissal from service – Respondent filed writ petition before High Court challenging the decision of AFT – High Court issued notice – Meanwhile, Appellants filed appeal against AFT decision before the Supreme Court – Respondent filed application for transfer of his writ petition from High Court to Supreme Court, which was allowed – Held: There are inherent limitations on the jurisdiction of Supreme Court and it will not be permissible to reappreciate the evidence as recorded by the GCM unless the Supreme Court finds that the material factors have been either ignored or the evidence that has come on record, has been appreciated in a totally erroneous manner – Materials placed on record to be considered with these limitations in mind – On facts, on consideration of material on record, findings and orders passed by the AFT as well as the GCM not found to be sustainable in law – Appeal of appellant dismissed – Transferred criminal case of respondent allowed – Respondent acquitted of all the charges levelled against him – He would be entitled to all pensionary and consequential benefits in accordance with law – The arrears of such benefits shall be computed and paid to the petitioner within a period of three months from the date of the judgment – Armed Forces Tribunal Act, 2007. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 332 |
Petitioner | Union Of India And Others |
Respondent | Lt. Gen. (retd.) S.k. Sahni |
SCR | [2022] 16 S.C.R. 946 |
Judgement Date | 2022-03-23 |
Case Number | 2169 |
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