Dismissal from service, imprisonment too harsh a punishment for overstaying leave, rules AFT

The Armed Forces Tribunal (AFT) has ruled that dismissal from service and imprisonment is too harsh and excessive a punishment for overstaying leave, even though the soldier had reported for duty after almost three years.

Setting aside the sentence of dismissal awarded by a court martial, the Tribunal has held that the punishment imposed upon the soldier was not commensurate with the gravity of the charges levelled against him and the same deserves to be reviewed.

While confirming the one-month imprisonment that the soldier had to undergo, the Tribunal’s Bench comprising Justice Suresh Kumar Gupta and Maj Gen Sanjay Singh set aside the dismissal does not mean that the soldier will, as a logical consequence, be entitled to reinstatement in service.

Observing that reinstatement is a matter of discretion, the Bench, in their order of September 3, said that if the dismissal is being set aside without reinstatement, the soldier would be treated as discharged from service and entitled to certain benefits as admissible in accordance with the length of his service.

The soldier had proceeded on 10 days’ casual leave in September 2017 but did not join duty after expiry of the leave period. He reported for duty in June 2020 and requested for continuation of his service.

He had averred that due to a paralysis attack suffered by his father and his mother suffering from various diseases, he could not join duty. He was tried by District Court Martial, which convicted him in May 2021.

While holding that the soldier was guilty of having committed the offence of overstaying leave by 1,031 days, the Bench also ruled that he would not be entitled to any back wages for the period he was absent.