In Brief
A former Army sepoy was charge-sheeted under Section 44 of the Army Act, 1950 for producing a false matriculation certificate. Although exonerated in the Summary Court Martial, he was subsequently discharged from service for lack of requisite educational qualifications under Rule 13 of the Army Rules, 1954. The Court held that exoneration in a court martial does not bar separate discharge proceedings on different grounds. Criminal proceedings and administrative discharge are distinct and can proceed independently. Since the soldier lacked the requisite educational qualifications and could not continue in service, his discharge was lawful. The appeal was dismissed."
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