Supreme Court - Daily Orders
Hav Birendra Singh vs Union Of India on 28 April, 2017
Bench: Dipak Misra, A.M. Khanwilkar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRLMP NO.383 OF 2014
IN
CRIMINAL APPEAL NO. OF 2017
(D. No.29982/2013)
HAV BIRENDRA SINGH … Appellant(s)
VERSUS
U.O.I & ORS … Respondent(s)
O R D E R
Leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is granted.
Admit.
Heard Mr. Shree Prakash Sinha, learned counsel for the appellant and Mr. Maninder Singh, learned Additional solicitor General appearing for the Union of India.
On consent of learned counsel for the parties. The matter is taken.
Having heard learned counsel for the parties, though we are not inclined to interfere with the findings recorded by the Armed Forces Tribunal with regard to Charge Nos.1 and 3, we find that the Signature Not Verified Digitally signed by GULSHAN KUMAR ARORA Date: 2017.05.04 sentence imposed by the authorities that has been affirmed by the 14:53:54 IST Reason:
Tribunal is quite excessive. The appellant has been dismissed from service. In our considered opinion, discharge will subserve the 2 cause of justice.
Accordingly, we set aside the punishment of dismissal and direct that the appellant shall be treated to have been discharged so that the appellant can get the benefit of pension and other retiral dues. He shall get the benefit of pension from the date of imposition of the punishment, for our substitution of punishment would relegate to that day. The arrears shall be paid within three months without interest. Thereafter, the benefit of pension shall be paid in continuum. Needless to say, we have passed this order keeping in view the long service rendered by the appellant and also the peculiar facts and circumstances of the case.
The appeal is allowed to the extent indicated above and the order passed by the Armed Forces Tribunal is modified accordingly.
.....................,J.
(Deepak Misra) .....................,J.
(A.M. Khanwilkar) New Delhi;
April 28, 2017.
ITEM NO.7 COURT NO.2 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRLMP No. 383/2014 in Criminal Appeal No(s). D 29982/2013
HAV BIRENDRA SINGH Appellant(s)
VERSUS
U.O.I & ORS Respondent(s)
(for leave to appeal u/s 31(1) of the armed forces tribunal act, 2007 and office report) Date : 28/04/2017 This application was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Mr. Shree Prakash Sinha, Adv.
Mr. Anand Kumar, Adv.
Mr. Rakesh Mishra, Adv.
Mr. Narendra Kumar, Adv.
Mr. Shekhar Kumar, AOR For Respondent(s) Mr. Maninder Singh, ASG Mr. R. Balasubramanian, Adv.
Mr. Nalin Kohli, Adv.
Mr. Prabhas Bajaj, Adv.
Mr. Akshay Amritanshu, Adv.
Ms. Aditi Sharma, Adv.
Mr. Ananya Mishra, Adv.
Mr. Rohit Rathi, Adv.
Mr. M.K. Maroria, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is granted.
Admit.
The appeal is allowed to the extent indicated in the signed order and the order passed by the Armed Forces Tribunal is modified accordingly.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)