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Supreme Court of India 2022-07-14 allowed

AMARENDRA KUMAR PANDEY vs UNION OF INDIA & ORS

Bench: 2 — Surya Kant, J.B. Pardiwala

In Brief

Amarendra Kumar Pandey, an Assam Rifles soldier, was discharged from service in 2004 based on four Red Ink entries (disciplinary records) without substantive reasons being recorded in the discharge order. The High Court's Division Bench upheld the discharge, ruling that no reasons need be recorded. The Supreme Court held that discharge is not automatic upon four Red Ink entries; the authority must apply its mind to relevant circumstances, consider the nature and gravity of offences, and demonstrate rational exercise of discretion through a reasoned order. The Court set aside the discharge, treating Pandey as in service until qualifying for pension, which he would have completed in six months—substantial justice without back wages.

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Armed Forces Personnel Military Discipline Discharge from Service Administrative Law Procedural Fairness Discretionary Power Subjective Satisfaction Judicial Review Service Law

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