S. K. Jain VS Union of India
Armed Forces Tribunal Act (55 of 2007) , S.15(6)— Army Act (46 of 1950) , S.69, S.63— Appeal against court martial -Substitution of punishment – An Army commandant was found by GCM to be guilty of charges of corruption and possession of ammunition – On appeal, Tribunal found the charge of corruption to have not been proved – Conviction under Arms Act was also found to be not sustainable as the evidence did not support possession of ammunition without license – However, finding on same charge was substituted and appellant was held guilty of act prejudicial to good order and discipline – In taking a lenient view on established fact of recovery of ammunition on the basis of evidence on record , tribunal had modified punishment from dismissal to compulsory retirement – Tribunal had exercised its discretion under Section 15(6) of the 2007 Act in a just and proportionate manner balancing disciplinary needs of service with fairness to the individual – No interference in exercise of said discretion was warranted.
