Date: 29 July, 2023
The Supreme Court on Friday upheld the dismissal of an appeal filed by Ex Sepoy Madan Prasad, a Mechanical Transport Driver enrolled in the Army Service, who was discharged from service for repeatedly overstaying the leave granted to him. The Apex Court found his gross indiscipline to be unacceptable, emphasizing that discipline is non-negotiable in the Armed Forces.
The case, heard by a division bench comprising Justice Hima Kohli and Justice Rajesh Bindal, affirmed the decision of the Armed Forces Tribunal, which had upheld Prasad's dismissal for failing to return to duty after the expiration of the initially granted leave. Despite his request for further leave being denied, Prasad remained absent for a prolonged period of 108 days, finally surrendering after that time. This act of gross indiscipline led to his dismissal from service through a Summary Court Martial (SCM) proceeding.
Advocate Shiv Kant Pandey, representing Prasad, argued that the punishment of dismissal from service was disproportionate to the offense committed. However, the Apex Court disagreed, considering Prasad's repeated pattern of absenteeism without leave, making him a habitual offender.
Prasad claimed that his wife was seriously unwell, which was the reason for his extended absence, but failed to provide any supporting documents to substantiate his claim. The Court noted that he had a history of being absent without leave.
Case Title: Ex Sepoy Madan Prasad V. Union of India, Civil Appeal No. 246 Of 2017
The Court also addressed Regulation 448 of the Defence Service Regulations, 1987, which outlines the scale of punishments that can be awarded by the SCM. It was clarified that these regulations serve as general instructions for guidance and do not limit the SCM's discretion to impose an appropriate sentence.
Given Prasad's habitual offenses and lack of remorse despite prior punishments ranging from fines to imprisonment, the Apex Court dismissed his appeal, concluding that he did not deserve any leniency in his punishment.
Case Title: Ex Sepoy Madan Prasad V. Union of India, Civil Appeal No. 246 Of 2017
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