In its verdict, the apex court held that though Ali was found guilty of deserting the force for a period of five days and not improving his conduct in spite of penalties imposed on him on three earlier occasions, the penalty of dismissal from service is “excessive and harsh” and “in our view, the penalty of compulsory retirement would meet the ends of justice”.
The bench, which also comprised Justices D Y Chandrachud and L Nageswara Rao, said “indiscipline on the part of a member of an armed force has to be viewed seriously. It is clear that the respondent (Ali) had intentionally disobeyed the orders of his superiors and deserted the force for a period of 5 days. Such desertion is an act of gross misconduct and the respondent deserves to be punished suitably.”
