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Supreme Court of India 2019-11-08 allowed

UNION OF INDIA vs 794898 T EX CORPORAL ABHISHEK PANDEY

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

An Air Force employee classified as a habitual offender was discharged after receiving a warning letter and a show cause notice, but before receiving a second warning letter. The Armed Forces Tribunal set aside the discharge, holding that a second warning was mandatory under the Habitual Offenders Policy. The Supreme Court reversed this, holding that a second warning is required only when the competent authority decides to give another chance; when final discharge is decided without offering another opportunity, only a show cause notice is required. The Court found the discharge procedure compliant with the Policy.

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Service Law Military Discipline Habitual Offenders Discharge from Service Administrative Law Armed Forces

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