Bharat Singh Shakya v. Union of India

Supreme Court of India · 23 Feb 2017
Kurian Joseph; R. Banumathi
Criminal Appeal 430 of 2017
administrative appeal_dismissed

AI Summary

The Supreme Court upheld the substitution of dismissal with discharge by the competent authority and dismissed the appeal challenging the appellant's termination from service.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRLMP. 1651 OF 2017
IN
CRIMINAL APPEAL 430 OF 2017
D. No. 1679 OF 2017
BHARAT SINGH SHAKYA Appellant(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave to appeal is granted.

2. Delay condoned. Appeal admitted.

3. In the nature of the order we propose to pass, it is not necessary to issue notice to the respondents.

4. The appellant was dismissed from service, which was challenged by him before the Armed Forces Tribunal. The Tribunal, however, dismissed the appeal upholding termination to be proper.

5. It is seen that during the pendency of the proceedings, the appellant had made a representation to the competent authority and the said competent authority has converted the 'dismissal' of the appellant into 'discharge'. Page 2

6. Therefore, this appeal is disposed of making it clear that the punishment imposed on the appellant will be substituted as 'discharge' for all purposes ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; February 23, 2017.