NDLI: Sanjay Marutirao Patil Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Army Act Double Jeopardy
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Army Act, 1950 (46 of 1950)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Army Act, 1950 – s. 63 – Army Rules, 1954 – r. 17 – Termination from service – The appellant was charged u/s. 63 of the Act – Appellant pleaded guilty – The Summary Court Martial awarded the appellant with the punishment of reduction in rank – Thereafter, appellant was served with a show cause as to why he should not be discharged from Army Service under the provisions of s. 20 of the Army Act r/w. r. 17 of the Army Rules, 1954 – Appellant denied the allegations made therein – Consequent to which, Court of Inquiry was held and appellant was terminated – Aggrieved, the appellant filed appeal, which was dismissed – Appellant filed a writ petition before the High Court and the same was also dismissed – Before the Supreme Court, the appellant contended that he was punished twice by the respondents for the same offence, once the Summary Court Martial awarded the punishment, thereafter to dismiss the appellant u/s. 20 of the Army Act r/w. r. 17 of the Army Rules would be double jeopardy, which is not permissible – Held: There is nothing on record that the order passed by the Summary Court Martial by which the appellant was reduced in rank was even confirmed by the chief of the Army Staff in exercise of powers u/s. 164 of the Army Act – Therefore, in the facts and circumstances of the case, the respondent no. 3 was justified in exercising the power u/s.20 r/w r. 17 – The only procedure which is required to be followed u/r. 17 of the Army Rules was, a person who is sought to be dismissed or removed from service was informed of the particulars of the cause of action against him and allowed reasonable time to state in writing any reasons he may have to urge against his dismissal or removal from service – In the present case, such an opportunity was given to the appellant, therefore, proper procedure was followed before dismissing the appellant from service – Insofar as double jeopardy is concerned, it is required to be noted that earlier the appellant was tried by the Summary Court u/s. 63 of the Army Act only – However, the particulars of charges disclosed that offences were fraudulent in nature – Thereafter, after giving an opportunity to the appellant as required u/r. 17, the order of dismissal was passed u/s. 20 of the Army Act r/w. r. 17 of the Rules and the said order was confirmed by the Chief of the Army Staff u/s. 164 of the Act – Therefore, the order of dismissal passed u/s. 20 and confirmation by the Chief of the Army cannot be said to be violative of the principle of double jeopardy.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2020 INSC 85
Petitioner	Sanjay Marutirao Patil
Respondent	Union Of India And Others
SCR	[2020] 3 S.C.R. 329
Judgement Date	2020-01-24
Case Number	2448

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