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Supreme Court of India 2019-08-28 dismissed

Rabindra Kumar Shaw vs Union of India, Ministry of Defence & Ors

Bench: 2 — L. Nageswara Rao

In Brief

Rabindra Kumar Shaw, an Army officer with 9 years of service, was charged with disobeying lawful commands on two separate occasions in 2009. He failed to report for duty as directed and later absented himself again despite explicit orders. Following a Summary Court Martial, he was terminated from service. The Supreme Court upheld the termination, noting that military personnel are held to different standards than civil servants. The Court found abundant evidence of guilt, deliberate non-cooperation with proceedings, and failure to mount a defense. The penalty was held proportionate to the serious nature of repeated insubordination in a military context.

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Military Law Armed Forces Discipline Court Martial Service Termination Administrative Law

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