Supreme Court of India

Ex Sepoy Madan Prasad v. Union of India and Others

Neutral citation
Reported as [2023] 9 S.C.R. 1199
Bench Hima Kohli and Rajesh Bindal JJ.
Decided 28 July 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the aforesaid reasons, we do not find any infirmity in the impugned judgment passed by the AFT. The appellant had been taking too many liberties during his service and despite several punishments awarded to him earlier, ranging from imposition of fine t o rigorous 1209 imprisonment, he did not mend his ways.

Judgment, page 10

From the headnote

Army Act, 1950 – s.39 (b) – Dismissal from service – Overstaying the leave – Appellant was enrolled in the Army service Corps as a Mechanical Transport Driver – Initially leave for 39 days granted to appellant – Further extension of le ave was also granted on compassionate grounds – However, further request for extension of leave was rejected – Appellant failed to join – Court of Inquiry conducted – Appellant was declared deserter – Appel lant finally surrendered after 108 days – Charges were f ramed – Appellant was held guilty and awarded punishment of dismissal from service – Appeal

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