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Supreme Court of India (Full Bench (FB)- Three Judge)
Union of India and Ors. Versus Ex LAC Nallam Shiva

Appeal (Crl.), 967 of 2017, Judgment Date: Aug 10, 2017

To put it differently, in the fact situation of the present case, it is not possible to hold that the punishment of dismissal was vindictive, unduly harsh or disproportionate to the offence  committed by the respondent and especially after the Tribunal has positively concluded that failure of the respondent to communicate either to his unit or to the nearest military stationf or around 1½ years was uncondonable. Ordinarily, the Tribunal ought not to interfere with the order of punishment except in appropriate cases only after recording a finding that the punishment imposed is grossly or shockingly disproportionate,after examining all the relevant factors including the nature of charges proved against the delinquent officer. As a result, even though we are inclined to Full Judgment

Tags: Punishment Removal From Service Service Law / Matter

Supreme Court of India (Division Bench (DB)- Two Judge)

Miscellaneous Petition(Crl.), 235 of 2017, Judgment Date: Jul 13, 2017

Full Judgment