SC: Administrative dismissal under Section 20 Army Act valid; not barred by prior Summary Court Martial, double jeopardy plea rejected

Case Name: Sanjay Marutirao Patil v. Union of India & Others
Date of Judgment: JANUARY 24, 2020
Citation: Civil Appeal No. 2448 of 2010
Bench: Hon’ble Mr. Justice L. Nageswara Rao and Hon’ble Mr. Justice M.R. Shah

Held: The Supreme Court upheld the dismissal of an Army personnel under Section 20 of the Army Act, 1950 read with Rule 17 of the Army Rules, rejecting the contention of double jeopardy. The Court held that administrative powers of dismissal are independent of Court Martial proceedings; unless a Court Martial finding and sentence has attained finality upon confirmation by the competent authority, recourse to Section 20 remains available.

Summary: The appellant, a Naik in the Army, was tried by Summary Court Martial in 1999 for lapses under Section 63 of the Army Act and awarded reduction in rank. Subsequently, after show-cause notices and a Court of Inquiry, his services were terminated in 2002 under Section 20 read with Rule 17, on grounds that his retention was undesirable due to fraudulent conduct. The High Court dismissed his writ petition, holding Section 20 powers to be independent. On appeal, the Supreme Court affirmed, citing Union of India v. Harjeet Singh Sandhu and Chief of Army Staff v. Dharam Pal Kukrety, and ruled that administrative dismissal does not constitute a second prosecution.

Decision: Appeal dismissed. Termination under Section 20 Army Act read with Rule 17 upheld; plea of double jeopardy rejected; no order as to costs.