In Brief
A soldier of the 43 Armed Brigade was dismissed from service following a Summary Court Martial for alleged misconduct (unwanted physical contact with a colleague's wife) in August 2007. The Armed Forces Tribunal upheld the charge but reduced the punishment to discharge. The Supreme Court found that the SCM was unlawfully convened nearly nine months after the incident, contrary to Section 120 of the Army Act 1950, which requires immediate action. However, after nearly twelve years and with witness evidence unavailable, the Court declined to reopen proceedings. Instead, using Article 142 powers, it modified the discharge to take effect upon completion of fifteen years of service, making the appellant eligible for pension.
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