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Supreme Court of India 2019-08-28 dismissed

RABINDRA KUMAR SHAW vs UNION OF INDIA MINISTRY OF DEFENCE

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

An Army soldier, enrolled in the Corps of Signals, was charged under the Army Act with disobeying lawful commands on two occasions in July-August 2009. A Summary Court Martial found him guilty, and he was terminated. The soldier appealed, claiming injury prevented his duty performance and the punishment was disproportionate. The Supreme Court upheld the termination, holding that military personnel face stricter disciplinary standards than civilians. The soldier's deliberate absence, refusal to defend himself at trial, and non-cooperation with the court martial process made termination a justified and proportionate penalty.">

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Military Law Disciplinary Proceedings Armed Forces Administrative Law Service Termination

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