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Supreme Court of India 2024-10-21 allowed

S. P. PANDEY vs UNION OF INDIA & ORS

Bench: 2 — Pamidighantam Sri Narasimha, Sandeep Mehta

In Brief

An Indian Air Force airman was subjected to disciplinary action (admonition) in 2010 for overtaking vehicles at a railway crossing and using insubordinate language. Though later assured the punishment would be expunged, a second trial was conducted and punishment reimposed in 2011. The Armed Forces Tribunal quashed the punishment, finding it disproportionate and marked by vindictiveness. The Supreme Court upheld this decision and awarded Rs. 1 lakh compensation, holding that while small infractions may warrant discipline, the balance between infraction and punishment is core to good governance. The Court recognized the loss of dignity from prolonged, unjust litigation and the institution's failure to protect the member.

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Defence and Military Law Disciplinary Action Administrative Law Compensation Proportionality Service Members' Rights

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