In Brief
The Supreme Court allowed an appeal by the Union of India against a Tribunal's decision quashing the dismissal of an Army serviceman. The respondent had been absent without leave for 302 days. Although the respondent admitted the absence but offered explanations, the Court held this did not negate misconduct. The Court ruled that such prolonged unauthorized absence by a military personnel is grave misconduct that cannot be excused, and dismissal from service is proportionate punishment under the Army Act, 1950.
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