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Supreme Court of India 2019-12-17 partly_allowed

Brigadier L.I. Singh YSM vs Union of India & Ors

Bench: 2 — L. Nageswara Rao

In Brief

Brigadier L.I. Singh faced disciplinary proceedings in the Army for alleged property misuse, financial irregularities, and unauthorized borrowing. The Armed Forces Tribunal directed that the one-man inquiry report—the foundation of the charges—be provided to him before proceedings continued. However, the Court modified this direction, holding that the Court of Inquiry must be entirely redone. The Court found that without the inquiry report, the Appellant could not effectively defend himself or cross-examine witnesses. Though the one-man inquiry is preliminary in nature, fairness requires disclosure before formal inquiry. The appeal was partly allowed: the Tribunal's judgment was affirmed but modified to mandate a fresh Court of Inquiry with full opportunity for the Appellant to defend himself.

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Military Law Disciplinary Action Procedure Natural Justice Armed Forces Tribunal

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