Case: RANDHIR SINGH Vs. UNION OF INDIA

The appellant was enrolled on 29 October 1996 in the 43 Armed Brigade and was at the material time posted as Acting Lance Dafadar. It is alleged that on 11 August 2007 while on duty for cleaning the service area in the morning, the appellant entered the residence of a colleague and while his spouse was washing her son, placed his hands on her shoulder3. A Summary Court Martial took place on 22 May 2008 during the course of which evidence was recorded. The appellant was held guilty and was dismissed from service. Among those who deposed during the SCM were the victim and her husband.4. The Armed Forces Tribunal, while holding that the charge had been duly established, came to the conclusion that the punishment of dismissal was disproportionate and should be modified to an order of discharge.

Reasoning:
8. In the exercise of its appellate jurisdiction, this Court would be circumspect in reassessing the evidence when the Armed Forces Tribunal has duly applied its mind to the findings of fact. We have also duly assessed the submission of the appellant that in the present case, the appellant had lodged a complaint in the past against the spouse of the victim for pilferage of petrol. Be that as it may, it is not necessary for this Court to enter upon the findings of fact since there is an independent ground on which the submissions of the appellant would be worthy of acceptance12. The above clarification indicates that the requirement of recording reasons for convening a Summary Court Martial shall apply from 5 July 2016. However, the fundamental principle of law which has been enunciated is that the power to order an SCM is a drastic power which must be exercised in a situation where it is absolutely imperative that immediate action is necessary. Sub-section (2) of Section 120 is prefaced by the words when there is no grave reason for immediate action. In the present case, though the incident took place on 11 August 2007, the SCM took place on 22 May 2008. The convening of an SCM was contrary to law13. Having come to this conclusion, we would have ordinarily granted liberty to the respondents to pursue proceedings against the appellant in accordance with law. However, nearly twelve years have elapsed since the date of the incident. During the course of his submissions, the learned Additional Solicitor General submitted before the Court that at this point of time, it may be difficult to find witnesses to conclude the inquiry and hence, no useful purpose would be served and it would not be practicable to hold the inquiry14. The appellant had nearly twelve years service when he was dismissed from service.