Supreme Court Upholds Dismissal of Habitual Defaulter: Discipline Remains Non-Negotiable

In a significant ruling, the Supreme Court of India, led by Justice Hima Kohli, upheld the dismissal of ex-soldier Madan Prasad, who was found guilty of habitual unauthorized absence from duty. The judgment came in response to Civil Appeal No. 246 of 2017, where Prasad had appealed against the decision of the Armed Forces Tribunal (AFT), Regional Bench, Lucknow.

The apex court's verdict, delivered on July 28, 2023, confirms the authority of the Summary Court Martial (SCM) to impose suitable punishment for offenses related to absence without leave. Justice Hima Kohli, in her judgment, emphasized that "discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service."

The case revolved around Prasad's prolonged absence from duty, even after the extension of his granted leave was rejected. His defense claimed that he was caring for his ailing wife, but the court found no supporting evidence for his claim. Prasad's history of indiscipline further weakened his position, as he had previously faced several punishments for unauthorized leave.

Addressing the argument of the punishment being disproportionate, the court clarified that the SCM has the discretion to impose appropriate sentences, and dismissal from service was a legitimate punishment considering Prasad's repeated misconduct.

Bench stated, "The appellant remained out of line far too often for seeking condonation of his absence on leave, this time, for a prolonged period of 108 days which if accepted, would have sent a wrong signal to others in service."

The judgment reaffirms the importance of discipline in the Armed Forces and serves as a reminder to all personnel that any act of indiscipline will not be taken lightly. The dismissal from service serves as a cautionary tale for those who might attempt to breach the rules and regulations governing the Armed Forces.

Supreme Court's verdict in the case of Ex Sepoy Madan Prasad reinforces the principle of maintaining discipline in the Armed Forces and sends a clear message that such behavior will not be tolerated. The judgment sets a precedent for future cases involving unauthorized absence and upholds the integrity and values of the Indian Armed Forces

EX SEPOY MADAN PRASAD vs UNION OF INDIA AND OTHERS