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This story is from October 29, 2015

Army man going on unauthorized leave can never be good soldier: SC

Army personnel who go on unauthorized leave can never be good soldiers and there is nothing wrong in discharging such persons from force without issuing show cause notice, the Supreme Court said on Wednesday.
Army man going on unauthorized leave can never be good soldier: SC
NEW DELHI: Army personnel who go on unauthorized leave can never be good soldiers and there is nothing wrong in discharging such persons from force without issuing show cause notice, the Supreme Court said on Wednesday.
A bench of Justices A R Dave and A K Goel upheld the government decision to discharge an army man who went on leave without taking permission. It said no special notice is required to be given before discharge of a person if he is accused of such indiscipline.

In this case Manoj Deswal had gone on leave without taking permission from his Commanding Officer and he remained on unauthorized leave for 108 days in 2005. Deswal was subsequently declared a deserter and the Commanding Officer discharged him from service on the ground that he was ‘unlikely to become an efficient soldier’.
Deswal approached the Delhi High Court which quashed the discharge order on the ground that he was not allowed to present his case and the order was passed without issuing notice to him. The government had challenged the HC order in the Supreme Court.
The bench after going through records of the case came to the conclusion that proper inquiry was conducted and the discharge order was right.
“A person who remained absent unauthorisedly and who was declared deserter can never turn out to be a good soldier and as per the provisions, it is very clear that the Commanding Officer can discharge non- attested person enrolled under the Act,” the bench said.
The bench said the CO had satisfied himself about the fact that Deswal had remained absent without sanctioned leave and had been declared deserter and therefore, he was unlikely to become an efficient solider because of his indisciplined behaviour.
The court agreed with the Centre’s submission that HC committed an error by setting aside the discharge order only on the ground that Deswal had not been afforded an opportunity to defend his case.
“On perusal of the original record, we have found that the court of inquiry had been held and Deswal had also been declared deserter. In the circumstances, we are of the view that the order passed by the Commanding Officer is just, legal and proper,” the bench said.
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