Union of India and Ors. Versus Ex LAC Nallam Shiva

Appeal (Crl.), 967 of 2017, Judgment Date: Aug 10, 2017

To put it differently, in the fact situation of the present case, it is not possible to hold that the punishment of dismissal was vindictive, unduly harsh or disproportionate to the offence committed by the respondent and especially after the Tribunal has positively concluded that failure of the respondent to communicate either to his unit or to the nearest military stationf or around 1½ years was uncondonable. Ordinarily, the Tribunal ought not to interfere with the order of punishment except in appropriate cases only after recording a finding that the punishment imposed is grossly or shockingly disproportionate,after examining all the relevant factors including the nature of charges proved against the delinquent officer.
As a result, even though we are inclined to set aside the order of reinstatement of the respondent in service and to treat the period between the date of dismissal of the respondent and the date of his rejoining service as non-qualifying service, to do complete justice we accept the prayer of the respondent to modify the order of dismissal from service to one of discharge from service simplicitor.

Union of India and Ors. Versus Ex LAC Nallam Shiva

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