Kuljeet Singh vs Union of India on 16 October 2026

ORDER

While on annual leave, the applicant was named in an FIR registered under Section 307 Indian Penal Code and related provisions. He went underground for some time to avoid arrest but finally surrendered before the Police. Vide order dated 19.05.2025, the High Court released him on regular bail, however, he did not re-join the unit immediately. He reported to the Regimental Centre on 11.10.2025 and was issued a movement order for the unit on the same day. Vide order dated 27.11.2025, he was dismissed from service by way of a Summary Court Martial (SCM). This order has been set aside by the Competent Authority whereafter, he has been retried and has been dismissed again vide order dated 01.04.2026. This order is under challenge in the present appeal.

Learned counsel for the appellant has submitted that total absence of the appellant was 165 days. There were reasons for the same. Under the circumstances, the punishment of dismissal from service was disproportionate and deserves to be interfered with.

-2-

Notice.

Mr. Jagjot Singh Lalli, Deputy Solicitor General of India accepts notice on behalf of respondents and waives service and seeks time to file reply. Adjourned to 16.12.2026. To be listed immediately after the fresh cases.

(Lt Gen Ravendra Pal Singh (Retd)

(Justice Sudhir Mittal) Member (A)

Member (J)

16thOct, 2026 ‘b’