Disproportionate Punishment - The Legal Chamber

The Supreme Court held that dismissal from service for suppression of involvement in a criminal case was disproportionate, despite misconduct being proved. The punishment was modified to compulsory retirement, entitling the deceased appellant’s legal representatives to arrears of pension and family pension. Acquittal with a specific finding of alibi further warranted penalty modulation. Facts Of The Case: The appellant was appointed as a Constable in the Railway Protection Force in 1994. In 2007, an FIR was registered against him, his father, and brothers under Sections 363 and 366 IPC for alleged abduction of a girl. The charge-sheet was initially filed only against his brother, but in 2010, the appellant was summoned under Section 319 CrPC, and charges were framed against him. Immediat...

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....

Tag: Disproportionate Punishment

No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension

Supreme Court Upholds Tribunal’s Power to Modify Military Conviction