Indiscipline cannot be tolerated in Army, says Supreme Court

New Delhi: Observing the charge of misconduct and indiscipline can’t be tolerated in Armed Forces, the Supreme Court has upheld the order of dismissal of ex-LAC Nallam Shiva as he overstayed the casual leave granted to him to visit his native home.

Giving this ruling, a three-judge Bench of Justices Dipak Misra, Amitav Roy and A.M. Kanwilkar said from the proved facts, it is evident the respondent, Nallam Shiva, overstayed for a period of around 1½ years beyond the casual leave period, which is indubitably against the requirements of discipline. 

Writing the judgment, Justice Kanwilkar said if he was suffering from any illness personally, or for that matter if his father suffered a paralytic attack, he ought to have gone to the Military Hospital for treatment. However, he did not choose to go to the Military Hospital but to a quack. This is a serious misconduct and can’t be countenanced in the disciplined force. 

He was enrolled in the Air Force on March 28, 2006, and in due course of time was promoted to the rank of Corporal. 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.