NDLI: Ex. Lac Yogesh Pathania Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.30 r/w s.31 Disciplinary proceedings Armed Forces Tribunal Act 2007
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Armed Forces Tribunal Act, 2007 (55 of 2007) Air Force Act, 1950 (45 of 1950)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Armed Forces Tribunal Act, 2007 – s.30 r/w s.31 – Disciplinary proceedings – Breach of good order of Air Force discipline – Court of Inquiry – District Court Martial (DCM) found appellant guilty for using insubordinate language to his superior officer, for using criminal force and for act prejudicial to good order of Air Force discipline – Tribunal concurred with the findings of the DCM and dismissed the appeal holding that there was direct evidence to prove misconduct on part of appellant and his involvement in use of criminal force to senior officer; that appellant also admitted that he had few drinks that day; that there was direct evidence of presence of appellant in the unruly crowd and the stand of the appellant that he was slapped was also not made out from the evidence on record – Appeal before Supreme Court – Held: The Tribunal had re-appreciated the evidence and had concurred with the findings of DCM – The view taken by Tribunal was a plausible view and, therefore, did not warrant any interference in appeal in terms of jurisdiction vested in Supreme Court under ss.30 and 31 of the Act – In terms of s.31 of the Act, an appeal to Supreme Court is maintainable with the leave of the Tribunal and such leave can be granted on the ground “that a point of law of general public importance” or “it appears to the Supreme Court that the point is one which ought to be considered by that Court” – No point of law of general public importance is involved in the instant case so as to entitle appellant grant of leave – Air Force Act, 1950 – s.161(2).
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 33
Petitioner	Ex. Lac Yogesh Pathania
Respondent	Union Of India & Ors.
SCR	[2019] 1 S.C.R. 161
Judgement Date	2019-01-08
Case Number	14214

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Ex. Lac Yogesh Pathania Vs. Union of India & Ors.

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Ex. Lac Yogesh Pathania Vs. Union of India & Ors.

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