In Brief
An enlisted soldier was dismissed from service following a Summary Court Martial for allegedly touching a colleague's spouse inappropriately. The Armed Forces Tribunal affirmed the charge but reduced the punishment to discharge. The Supreme Court found the SCM was convened contrary to law—nearly nine months after the incident, despite Section 120 of the Army Act requiring immediate action. However, since twelve years had passed and witnesses were unavailable, rather than order a retrial, the Court invoked Article 142 to modify the discharge to take effect upon completion of fifteen years of service, making the appellant eligible for pension benefits.
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