In Brief
An ex-sepoy was enrolled in the Army with a false matriculation certificate. After a Summary Court Martial where he was initially convicted and sentenced, the Reviewing Authority set aside the conviction but he was later discharged for lacking requisite educational qualifications under Army Rules Rule 13(3). The Supreme Court held that discharge proceedings on administrative grounds are permissible even after court-martial exoneration, as they address different matters. The discharge was lawful and did not constitute double jeopardy. Since the appellant lacked mandatory qualifications, discharge rather than dismissal was the appropriate action. The appeals were dismissed.
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