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SUPREME COURT
A. K. Slkri, S. Abdul Nazeer, M. R. Shah, JJ.
Avadhesh Prakash – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. leave to appeal granted based on initial appeal circumstances. (Para 1 , 2) |
| 2. facts related to the appellant's service and preceding inquiries. (Para 3 , 4 , 5) |
| 3. emphasis on proper court composition and proportionality of punishment. (Para 6 , 7 , 8 , 9) |
| 4. final ruling against dismissal and restitution of the appellant's benefits. (Para 10) |
1. Criminal Appeal No. 140 of 2019 arising out of D. No. 12371 of 2018
Leave to appeal is granted. We have heard the learned counsel for the parties at length.
2. The relevant facts, in a nutshell, are as follows.
3. The appellant was commissioned in the Indian Army on 20-12-1970 and promoted to the rank of Lieutenant General in October 2007. He was appointed as a Military Secretary on 1-5-2008 at the Army Headquarters, New Delhi. During the tenure of the appellant as the Military Secretary the so - called "Sukna Land Scam" case broke out in the end of the year 2010. The appellant's name figured in the court of inquiry on 7-1-2009. Then provisions of R.180 of the Army Rules , 1954 were invoked against him. The Chief of Army Staff initially directed administrative action against the appellant and a show - cause notice dated 11-1
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