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2019 Supreme(SC) 982

L.NAGESWARA RAO, HEMANT GUPTA
Sep. Satgur Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant(s) :Mukesh Kumar Maroria, Syed Imtiaz Ali, Ali Safeer Farooqi, Arvind Kumar Kanva, Aftab Ali Khan, M.Z. Choudhary, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed on April 30, 2014 by the Armed Forces Tribunal (AFT), Chandigarh, Regional Bench at Chandimandir whereby, the discharge of the appellant on account of seven red ink entries during his 11 years 9 months and 15 days service was not found to be unjustified.

2. The appellant was served with a show-cause notice on September 22, 2004 that the appellant has proved himself undesirable and retention in service is not considered suitable, in respect of seven punishments: two in the year 1995; one in the year 1998; two in the year 2000 and two in the year 2004. The details of his punishments seven times are as under:-

(a)

U/s 39(a) of Army Act

21 days RI on 02.09.1995

(b)

U/s 51 of Army Act

28 days RI on 07.09.1995

(c)

U/s 39(a) of Army Act

21 days RI on 04.08.1998

(d)

U/s 39(b) of Army Act

07 days RI on 02.11.2000

(e)

U/s 63 of Army Act

02 days RI on 15.11.2000

(f)

U/s 39(b) of Army Act

05 days RI on 12.02.2004

(g)

U/s 63 of Army Act

21 days RI on 2

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