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Supreme Court of India 2019-09-02 dismissed

SEP. SATGUR SINGH vs UNION OF INDIA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

An Army personnel challenged his discharge after serving 11 years 9 months 15 days, citing seven punishment entries (red ink entries) without a formal enquiry. The Supreme Court held that while the instructions require a preliminary enquiry, this need not be a formal court of inquiry but merely an impartial consideration of the personnel's reply to a show-cause notice. Since the appellant failed to provide substantive explanation beyond family circumstances for his seven separate absences from duty, and was classified as a habitual offender, the discharge order was justified. The appeal was dismissed.

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Military Law Administrative Law Service Law Discharge from Service Procedural Fairness Armed Forces

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