Jammu and Kashmir High Court Upholds Dismissal of Soldier for Overstaying Leave

Court Rules Discipline Paramount in Military, Rejects Tribunal's Modification of Punishment

In a significant judgment, the Jammu and Kashmir High Court has upheld the dismissal of ex-Rifleman Abdul Rashid War from the Indian Army, overturning a previous decision by the Armed Forces Tribunal that had modified his punishment to a discharge with limited benefits. The Division Bench, comprising Justices Sanjeev Kumar and Sanjay Parihar, emphasized the paramount importance of discipline within the armed forces.

The case originated when War, who had served over 15 years in the Jammu and Kashmir Light Infantry Regiment, overstayed his sanctioned leave by 139 days. Despite claims of personal distress and medical issues, War was dismissed following a Summary Court Martial (SCM) in 1999. The Tribunal had later modified this punishment, citing it as disproportionate given War's service record.

The Union of India challenged the Tribunal's order, arguing that the dismissal was justified due to War's repeated indiscipline, including previous incidents of overstaying leave. The High Court agreed, noting the absence of procedural flaws in the SCM proceedings and the necessity of upholding military discipline. The bench referenced multiple Supreme Court judgments, highlighting that judicial review in military matters is limited and interference is warranted only when punishments are shockingly disproportionate.

The court concluded that War's unauthorised absence significantly undermined military discipline and operational efficiency, warranting the dismissal. Consequently, the Tribunal's order was quashed, reinstating the original punishment.

Bottom Line:

Judicial review in military discipline cases is limited, and interference is permissible only when the punishment imposed is shockingly disproportionate, perverse, or actuated by mala fides.

Statutory provision(s): Army Act, 1950 Section 39, Army Act, 1950 Section 63

Union of India v. No 9085516L Ex Rfn Abdul Rashid War, (Jammu and Kashmir)(DB) : Law Finder Doc Id # 2804767