In Brief
An Army soldier was granted leave of 69 days for his wife's medical treatment. He overstayed by 108 days before surrendering. He was court-martialled for overstaying leave and dismissed from service. He challenged the dismissal arguing that the maximum punishment for overstaying leave was imprisonment, not dismissal. The Supreme Court held that military regulations prescribing standard punishments are guidelines only and do not limit court-martial discretion. As the soldier was a habitual offender with six prior infractions for the same offence despite earlier punishments, dismissal was permissible and proportionate. The appeal was dismissed.
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