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Supreme Court of India 2019-11-08 allowed

Union of India & Ors vs 794898 T. Ex. Corporal Abhishek Pandey

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

An Indian Air Force serviceman was discharged as a habitual offender. He challenged his discharge before the Armed Forces Tribunal, arguing that a mandatory second warning letter should have been issued before the discharge order. The Supreme Court held that under the Air Force Policy, a second warning letter is required only when the competent authority opts to give the offender another chance. Since the authority decided to proceed with final discharge without offering another opportunity, no second warning was necessary. The discharge was proper and the Tribunal's judgment was set aside.

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Military Law Civil Procedure Administrative Law Discharge of Service Personnel

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