In Brief
An ex-serviceman who produced a false matriculation certificate at the time of enrolment in the Army was tried by Summary Court Martial and later exonerated. He was subsequently discharged from service on the ground that he lacked the requisite educational qualification. The Supreme Court upheld the discharge, holding that exoneration in court martial proceedings does not preclude discharge proceedings based on different grounds. The Court found that the proceedings concerned distinct subject matters: a criminal charge under Section 44 of the Army Act (false enrolment answers) versus administrative discharge for lack of educational qualification. Therefore, the discharge was lawful and not barred by the prior exoneration.
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