In Brief
An Air Force Corporal was dismissed for overstaying casual leave granted from October 2012 to November 2012 until April 2014, without informing his superiors or the nearest military station. The Armed Forces Tribunal set aside the dismissal, citing it as his first offence and the availability of mitigating circumstances including family problems and illness. The Supreme Court held that the Tribunal exceeded its jurisdiction. The Court found the 1.5-year absence without communication constituted serious misconduct incompatible with military discipline. Dismissal was not disproportionate. However, the Court modified the order from dismissal to discharge from service to enable the respondent to seek employment elsewhere, given his young age and family obligations, without reinstatement or financial cost to the Air Force."
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