In Brief
A soldier was dismissed from service following a Summary Court Martial (SCM) held in May 2008 for an alleged improper touching incident that occurred in August 2007. The Armed Forces Tribunal upheld the charge but reduced the punishment to discharge. The Supreme Court held that the SCM was convened unlawfully, as it was held nearly nine months after the incident without any grave reason for immediate action, contrary to Section 120 of the Army Act, 1950. Rather than order a retrial (impractical after twelve years), the Court invoked Article 142 to modify the discharge order to take effect upon completion of fifteen years of service, making the appellant eligible for pension.
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