In the case of S.P. Pandey vs. Union of India & Ors. (Civil Appeal No. 6186 of 2018), the Supreme Court conveyed a critical judgment on October 21, 2024, tending to issues of military discipline and emolument for wrongful treatment inside the Indian Air Force. The appealing party, S.P. Pandey, had at first been advised for purportedly abusing Air Force discipline in a open quarrel with a senior officer, Sqn Ldr H.V. Pandey, at a railroad crossing.
The core of the debate happened in 2010, when Pandey surpassed other vehicles at a railroad crossing, driving to an squabble with his prevalent. Sqn Ldr Pandey confiscated Pandey's motorcycle keys and had him placed under closed arrest. The incident escalated when Pandey allegedly used insubordinate language. A formal investigation resulted in allegations of disrupting good order and using insubordinate language. The Armed Forces Tribunal (AFT) eventually overturned the admonition, stating that the entire episode had been blown out of proportion.
Despite this verdict, Pandey sought compensation for his mental anguish and the lengthy legal struggle he had to suffer. The Supreme Court concurred with Pandey's claim, ruling that the disproportionate action taken against him, as well as the extended litigation, constituted harassment. The Court noted that the problem could have been handled with a simple reprimand or advice from the senior officer involved, rather than resorting to disciplinary proceedings.
The Court, taking note of the vindictive nature of the actions against Pandey, awarded ₹1 lakh as compensation for the unnecessary hardship and distress caused by the prolonged litigation. The judgment reinforces the need for proportionality in military disciplinary actions and the protection of individual dignity, even within the strict discipline of the armed forces.
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TAGS: Supreme Court Indian Air Force military discipline S.P. Pandey compensation Armed Forces Tribunal insubordination vindictive actions dignity proportionality in punishment.
