SC: Armed Forces Tribunal empowered to substitute disproportionate dismissal with lesser punishment; appellate review under AFT Act limited

Case Name: Union of India & Others v. R. Karthik
Date of Judgment: JANUARY 21, 2020
Citation: Criminal Appeal No. 831 of 2015

Bench: Hon’ble Mr. Justice L. Nageswara Rao and Hon’ble Mr. Justice Hemant Gupta

Held: The Supreme Court upheld the Armed Forces Tribunal’s jurisdiction under Section 15(6) of the Armed Forces Tribunal Act, 2007 to set aside the dismissal of a sailor and substitute it with detention and deprivation of good conduct badge. The Court emphasized that while striking a superior cannot be condoned, dismissal was disproportionate given the provocation and lack of supporting witness evidence. Appellate interference under Section 30 of the AFT Act is warranted only if the Tribunal’s order is arbitrary, unreasonable, or illegal.

Summary: The respondent, a sailor in the Indian Navy, was dismissed by the Chief of Naval Staff in 2013 after allegedly striking a superior officer. The Armed Forces Tribunal, Chennai, modified the dismissal to 75 days’ detention and deprivation of the First Good Conduct Badge, citing provocation by the officer’s abusive language and lack of corroborative witness testimony. The Union challenged this, contending that hitting a superior warranted dismissal under Section 45(a) of the Navy Act, 1957. The Supreme Court noted that no independent witnesses supported the allegation of assault, and the officer concerned was not examined. It also recorded that the officer himself was punished for using abusive language under Section 74 of the Navy Act. Finding that the Tribunal had acted within its powers to mitigate disproportionate punishment, the Court declined to interfere.

Decision: Appeal dismissed. Tribunal’s order upheld. The respondent directed to be reinstated within two months without back wages, but with consequential benefits including pay fixation.