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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRLMP. 1651 OF 2017 IN

CRIMINAL APPEAL 430 OF 2017 D. No. 1679 OF 2017

BHARAT SINGH SHAKYA                          Appellant(s)                                 VERSUS

UNION OF INDIA AND ORS.                      Respondent(s) J U D G M E N T

KURIAN, J. 1. Leave to appeal is granted.

2. Delay condoned.  Appeal admitted.

3. In the nature of the order we propose to pass, it is not necessary to issue notice to the respondents.

4. The appellant was dismissed from service, which was  challenged  by  him  before  the  Armed  Forces Tribunal.   The  Tribunal,  however,  dismissed  the appeal upholding termination to be proper.

5. It  is  seen  that  during  the  pendency  of  the proceedings, the appellant had made a representation to  the  competent  authority  and  the  said  competent authority  has  converted  the  'dismissal'  of  the appellant into 'discharge'.

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6. Therefore, this appeal is disposed of making it clear that the punishment imposed on the appellant will be substituted as 'discharge' for all purposes.    

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; February 23, 2017.