Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Armed Forces: Army Rules, 1954 - r.13(3)Table(lll)(v) - Discharge from service - Unsatisfactory conduct - Army Medical Corps - Appellant discharged from service on the ground that his conduct had not been satisfactory - Further, he was denied disability pension on the ground that he had earned six red ink entries in his service - Held: There was no application of mind by the authorities to the circumstances to be taken into consideration while exercising power' u/r.13 - Mere fact that appellant had crossed the threshold·of four red entries not a ground to discharge him without considering other relevant circumstances including (i) the nature of the violation which led to the award of the red ink entries; (ii) whether the appellant had been exposed to duty in hard stations and to difficult conditions; (iii) long years of service, just short of completing the qualifying period of pension - Since, the appellant would have attained the age of superannuation, the ends of justice would be met if he is treated to have been in service till the time he would have completed the qualifying service for grant of pension - No back-wages admissible - Benefit of continuity of service for all other purposes to be granted including pension - Pension Regulations for the Army 1961(Part-I) - r.132 - Service Law - Pension. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 1144 |
Petitioner | Vijay Shankar Mishra |
Respondent | Union Of India & Ors. |
SCR | [2016] 12 S.C.R. 200 |
Judgement Date | 2016-12-15 |
Case Number | 12179 |
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