Supreme Court of India
Union of India & Ors. v. Ex. No.6492086a Sep/ash Kulbeer Singh
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From the headnote
Army Act, 1950 – s.106 – Inquiry into absence without leave – Respondent-sepoy in the Indian Army failed to r eport to his new unit – He was declar ed to be a deser ter – However , r espondent reported after a lapse of 302 days – He was tried by a Summar y Court Martial – Respondent pleaded guilty and he was dismissed from service – However , Armed Forces Tribunal came to conclusion that the finding arrived at by the Summary Court Martial was correct, but the sentence of dismissal was dispr oportionate – On appeal, held: On per usal of r ecord it is evident that the r espondent did not make
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