Supreme Court · 2019 INSC 340 · Decided 11 March 2019
Union of India & ORS. v. EX. NO.6492086A SEP/ASH Kulbeer Singh
- Court
- Supreme Court of India
- Citation
- 2019 INSC 340 · [2019] 4 S.C.R. 1099
- Case number
- CIVIL APPEAL No. 3095/2017
- Decided
- 11 March 2019
- Bench
- D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Army Act, 1950 - s.106 - Inquiry into absence without leave - Respondent-sepoy in the Indian Army failed to report to his new unit - He was declared to be a deserter - However, respondent reported after a lapse of 302 days - He was tried by - Respondent pleaded guilty and he was dismissed from service - However, Armed Forces Tribunal came to conclusion that the finding arrived at by the Summary Court Martial was correct, but the sentence of dismissal was disproportionate - On appeal, held: On perusal of record it
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