In Brief
An Air Force serviceman absconded for approximately 1½ years without permission or notice to his superiors. Following his surrender, a court martial found him guilty of overstaying casual leave without sufficient cause and sentenced him to three months rigorous imprisonment, rank reduction, and dismissal. The Armed Forces Tribunal partially allowed his petition, setting aside the dismissal and ordering reinstatement. The Supreme Court reversed the Tribunal, holding it exceeded its jurisdiction in interfering with the disciplinary authority's decision. However, to do justice, the Court modified dismissal to discharge from service, allowing the respondent to seek future employment without the permanent disqualification of dismissal, though without reinstatement or pay benefits.
The lawyer headnote and full judgment text are available to registered users.