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Supreme Court of India 2017-01-17 partly_allowed

S. Muthu Kumaran vs Union of India & Ors

Bench: 2 — R. Banumathi

In Brief

An Army Havildar inducted in 1994 was dismissed from service in 2011 for involvement in a fraudulent recruitment racket and obtaining illegal gratification. After 17 years of unblemished service, he challenged his dismissal before the Armed Forces Tribunal, which upheld it. The Supreme Court found the dismissal justified but excessively harsh. It modified the dismissal to discharge from service, enabling the appellant to receive gratuity and other service benefits while maintaining the bar from re-employment. This modification served the interests of justice without prejudicing the armed forces' disciplinary authority.

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Armed Forces Law Administrative Law Military Discipline Punishment and Sentencing Service Law

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