'Discipline implicit hallmark of Armed Forces': SC upholds dismissal of Army man for overstaying leave

The Supreme Court on Saturday said that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service as it upheld the dismissal of an Army man from service for his repeated failure to join duty on expiry of his leave.

A bench of Justices Hima Kohli and Rajesh Bindal said such gross indiscipline on the part of a member of the Armed Forces could not be countenanced.

The court dismissed an appeal filed by ex sepoy Madan Prasad against the February 16, 2015 order of Armed Forces Tribunal, Lucknow which had upheld the order of dismissal for overstaying the leave granted to him without sufficient cause. It also noted he was a habitual offender and this was his sixth infraction.

"He remained out of line far too often for seeking condonation of his absence of leave, this time, for a prolonged period of 108 days which if accepted, would have sent a wrong signal to others in service. One must be mindful of the fact that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service," the bench said.

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Prasad was declared a deserter with effect from January 16, 1999, as he failed to join duty even after he was allowed extended leave of 30 days on compassionate grounds due to wife's illness after initial leave of 39 days.

The court said when the appellant's request for further extension of leave was turned down, he ought to have reported for duty immediately on expiry of the extended leave but he failed to do so.

It noted that the appellant had been taking too many liberties during his service and despite several punishments awarded to him earlier, ranging from imposition of fine to rigorous imprisonment, he did not mend his ways.

"This was his sixth infraction for the very same offence. Therefore, he did not deserve any leniency by infliction of a punishment lesser than that which has been awarded to him," the bench said.