UNION OF INDIA AND ORS. versus SUBEDAR RAM NARAIN ETC.

Citation: [1998] SUPP. 1 S.C.R. 616 · Decided: 15-09-1998 · Supreme Court of India · Bench: S.P. BHARUCHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
UNION OF INDIA AND ORS. 
v. 
SUBEDAR RAM NARAIN ETC. 
SEPTEMBER 15, 1998 
B 
!St BHARUCHA, G.T. NANAVATI AND B.N. KIRPAL, JJ.] 
.A1111y Act, 1950: Sections 40(a), 48 and 71-Pension Regulations for 
the Anny, 1961 (Pwt-1)-Regulations 113(a) and 16(a). 
C 
Se1vice Lai>~Am1y-F01feiture of pension-Junior Commissioned Of-
jicc1'-(;01ut Ma11ial-Dismissal-Co11seque111ial ineligibility for pension and 
gratuity-Held valid-Regulation 113(a)-Held, not invalid. 
A11ny Lait'-{;ommissioned Officer and Junior Commissioned Of-
jice1~Provision relating to ineligibility of pension pursuant to dismiss-
D al-Regulation 16( a) and 113( a) reo]JCCtivel;-~Dijference between. 
Constitution of India, 1950: A1ticle 20(2). 
Double jeopardy-Junior Commissioned Of]ice1'-(;owt mmtial-Dis-
missal fmm mvice--Consequential ineligibility for pension-Held not double 
E jeopardy. 
F 
The respondent, a Junior Commissioned Officer in the Indian Army, 
was charged nuder Sections 40(a) and 48 of the Army Act, 1950. The 
General Court Martial found him guilty of the offences charged and 
consequently dismissed him from service. 
The respondent filed a writ petition before the High Court of Delhi 
for the grant of pensionary benefits. Relying upon the decision of this 
Court in Major G.S. Sodhi's case the High Court held that as the General 
Court Martial has not passed an order depriving the respondent of 
G pensionary benefits, he will be entitled to the same notwithstanding his 
dismissal from service. 
In appeals to this Court on the question whether a Junior Commis-
sioned Ollicer would be ineligible for pension or gratuity in respect of all 
his previous service on his being dismissed under the Army Act, 1950 : it 
H was contended on behalf of the Union of India that (i) the relevant 
616 
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U.O.I. v. S.R. NARAIN 
617 
provision with regard to eligibility for receipt of pensionary benefits by a 
Junior Commissioned Officer on being dismissed or discharged under the 
Army Act was Regulation 113(a) while the relevant provision for a Com-
missioned Officer was Regulation 16(a); (ii) the High Court erred in 
relying upon Major Sodhi's case as the same did not pertain to the 
applicability of Regulation 113(a). 
On behalf of the respondent it was contended that (i) withholding 
the pension when the respondent had been court- martialed and dismissed 
would amount to double jeopardy; (ii) Regulation 113(a) was dis-
criminatory and that pension which is earned becomes the property of the 
person concerned and the same cannot be taken away. 
Allowing the appeals and setting aside the impugned judgment of the 
High Court, this Court 
A 
B 
HELD : 1. Regulation 113 of the Army Act makes it clear that a 
Junior Commissioned Officer or a person belonging to other rank or a D 
non-combatant (enrolled) would become ineligible for grant of pension or 
gratuity on the passing of an order of dismissal. The disentitlement to 
pensionary benefits is the normal result of a dismissal order. But the 
President may, in exceptional cases, at his discretion, order the grant of 
pension. Therefore, if no order is passed by the President then the result E 
is that the dismissed Junior Commissioned Officer remains disentitled to 
pension or gratuity. [621-G-H] 
2. The terms of Regulation 16(a) are clearly different from Regula-
tion (113)a. According to Regulation 16(a) when an officer, as defined in 
Section 3 (xviii) of the Army Act 1950 is cashiered or dismissed or removed 
F 
from service then the President has the discretion of either forfeiting his 
pension or ordering that he be granted pension at a lesser i·ate. The 
dismissal, removal etc. of a Commissioned Officer does not automatically 
result in the forfeiture or lessening of his pension. Power is, however, 
given to the President that in such a case he may either direct the forfeiture G 
of the officer's pension or reduction in the rate thereof. [622-A-B] 
3. Section 71 of the Army Act provides for different types of punish-
ments which could be inflicted in respect of an offence committed by a 
person subject to the Army Act and convicted by court martial. The 
punishments are of varying degrees, from death as provided by Section H 
618 
SUPREME COURT REPORTS [1998] SUPP.1 S.C.R. 
A 7l(a) to stoppage of pay and allowance as provided by Section 71(h) The 
punishment of forfeiture of pay and allowances provided by Section 7l(j) 
is of a lesser nature than that of dismissal from service as provided by 
Section 71(e)

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