In Brief
The appellant, an Indian Army Havildar/Clerk with 17 years of service, was dismissed for involvement in fraudulent recruitment and receiving illegal gratification. The Armed Forces Tribunal upheld the dismissal. The Supreme Court found the dismissal legally sound but excessive given the appellant's long and unblemished service record. It modified the punishment from dismissal to discharge from service, allowing the appellant to receive accrued benefits like gratuity and pension without the right to reinstatement or re-employment. This balanced the military's disciplinary interests with fairness to an experienced soldier.
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