Once criminal court jurisdiction is chosen and results in discharge, subsequent administrative dismissal on same facts is impermissible and arbitrary.

 Once criminal court jurisdiction is chosen and results in discharge, subsequent administrative dismissal on same facts is impermissible and arbitrary.

Facts
The appellant, an Air Force officer, was implicated in a 1987 incident where a civilian driver was removed from camp and later found dead. Criminal proceedings were initiated but the Sessions Court discharged all accused for lack of evidence.

Despite this, administrative action was initiated under s. 19 AF Act, 1950 read with Rule 16 AF Rules, 1969, culminating in dismissal (1993). The Single Judge set aside dismissal as time-barred under s. 121 AF Act; however, the Division Bench restored dismissal holding limitation inapplicable to administrative action.

Issues Framed
(a) Whether administrative action could be initiated after discharge by criminal court on same facts.
(b) Whether the reasons for dismissal were legally sustainable.
(c) Whether punishment imposed was arbitrary/disproportionate.

Court’s Reasoning

(a) Effect of Discharge
The Court held that discharge signifies absence of sufficient material and places the accused on a “better footing than acquittal” (Para 18–19). Once discharged, the individual cannot be treated as continuing to bear criminal stigma.

(b) Election of Forum (Criminal Court vs Court Martial)
Relying on Harjeet Singh Sandhu, the Court held that where authorities elect criminal prosecution, its outcome attains finality. It observed: “once the road is chosen, the traveller must walk it to the end” (Para 27). Hence, subsequent disciplinary action on the same facts was impermissible (Paras 24–27).

(c) Illegality of Administrative Action
Though limitation under s. 121 AF Act applies only to court-martial, initiation of administrative action after discharge was held “bad in law and non-est” (Para 28).

(d) Defective Reasoning & Natural Justice
The dismissal rested on vague “morally convincing evidence” without disclosure of material or reasoning. The authority failed to consider the appellant’s defence, rendering the decision arbitrary and violative of natural justice (Paras 31–33).

(e) Arbitrariness in Punishment
The appellant acted under superior’s orders, yet was dismissed, while the superior received only “severe displeasure”. The Court held such disparity unjustified and violative of equality principles (Paras 35–37).

Held
Appeal allowed. Dismissal set aside. Appellant entitled to service benefits (50% back wages, notional promotion, pension) and restoration of honour.

Ratio
Where armed forces authorities elect criminal prosecution, discharge (or acquittal) bars subsequent disciplinary action on the same facts, and any such action founded on vague reasoning or disproportionate punishment is invalid.

Case Details
Citation: 2026 INSC 366
Decided on: 15 April 2026
Case Title: Ex. Sqn. Ldr. R. Sood v. Union of India & Ors.
Court: Supreme Court of India
Bench: Dipankar Datta, J.; K.V. Viswanathan, J.


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