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Ram Narayan Tiwari vs Union Of India & Ors on 21 February, 2011 cites

Union Of India And Ors vs R.K. Sharma on 9 October, 2001

l15. We have considered the said decision in the light of said sections of the Army Act. On going through the said decision we find that Section 71 of the Army Act, 1950 is pari materia with Section 73 of the Air Force Act, 1950. In the said decision this Court held that Section 72 of the Army Act merely provides that the Court Martial may, on convicting a person, award either the punishment which is provided for the offence or any of the lesser punishments 16 set out in the scale in Section 71. It was also held that Section 71 does not set out that in all the cases a lesser punishment must be awarded and, therefore, merely because a lesser punishment is not granted it would not mean that the punishment was violative of Section 72 of the Act. It was further held that dismissal from service provided in item (e) of Section 71 of the Army Act, 1950 as one of the punishments according to scale is a lesser punishment than imprisonment as contemplated under Section 57 and 63 of the Army Act. In our considered opinion the ratio of the aforesaid decision squarely applies to the facts of the present case.
Supreme Court of India Cites 16 - Cited by 170 - S N Variava - Full Document
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