File photo of the Supreme Court

Satya Prakash

Tribune News Service

New Delhi, August 13

Maintaining that indiscipline by Army men can’t be taken lightly, the Supreme Court has set aside an order of the Armed Forces Tribunal (AFT) that had reinstated an Indian Air Force Corporal despite finding him guilty of unauthorised absence from duty for one-and-a-half years.A Bench of Justices Dipak Misra, Amitava Roy and AM Khanvilkar said such serious misconduct amounted to indiscipline and cannot be countenanced. It came down heavily on Nallam Shiva for overstaying his casual leave period without informing his seniors. (Follow The Tribune on Facebook; and Twitter @thetribunechd)The SC, however, modified the order of dismissal from service to one of discharge from service after Shiva’s counsel submitted that an order of dismissal would come in the way of his re-employment anywhere else.Shiva had joined the IAF on March 28, 2006, and in due course of time was promoted to the rank of Corporal. While serving in that capacity, he overstayed the casual leave granted to him from October 20, 2012, till November 4, 2012, until April 11, 2014, allegedly due to his ill-health and family problems.Resultantly, he was tried before the District Court Martial in November 2014. The disciplinary authority sentenced Shiva to undergo punishment of four-month rigorous imprisonment, dismissed him from service and also reduced his rank. He challenged the order before the AFT on the ground that he overstayed because of compelling circumstances due to a matrimonial dispute and illness of his father, resulting in mental disturbance.Noting that it was Shiva’s first offence, the AFT held that the punishment was excessive and disproportionate and ordered reinstatement. It said he deserved a chance of being rehabilitated in service. It was this order of the AFT that was challenged before the SC.Justice Khanwilkar said, “He did not bother to intimate his whereabouts either to his superiors or to the nearest military station. If he was suffering from any illness or for that matter if his father suffered a paralytic attack, he ought to have gone to the Military Hospital. However, he did not choose to go to the hospital but to a quack.”