S.N. Mukherjee vs. Union of India

Facts

S.N. Mukherjee, the appellant was officiating as a Major, and submitted a Contingent Bill for a sum of Rs.7,029.57 different from the Contingent Bill submitted earlier. The report of the Court of Enquiry recommended 'severe displeasure' of the General Officer Commanding-in-Chief of the Central, and directed disciplinary action be taken against the appellant. A charge sheet containing three charges was served on the appellant and directed to be tried by General Court Martial. The appellant approached this Court for a grant of special leave to appeal.

Key Takeaways for Students

Legal Issue

• Is there any general principle of law which requires an administrative authority to record the reasons for its decision; and
• If so, does the said principle apply to an order confirming the findings and sentence of court martial and post-confirmation proceedings under the Act?

Holding

Recording reason for the decision: Reasons, when recorded by an administrative authority in an order passed by it would facilitate the exercise of its jurisdiction by the appellate or supervisory authority. The recording of reasons by an administrative authority excludes chances of arbitrariness and ensures a degree of fairness in decision-making. Therefore, the reasons must be recorded irrespective of the fact whether the decision is subject to appeal, revision or judicial review.

Application of the principle in court martial: The court-martial records its findings after the judge-advocate has summed up the evidence and has given his opinion on the legal bearing of the case. At the stage of recording of findings and sentence, the court-martial is not required to record its reasons except when the court-martial makes a recommendation of mercy.

Final Decision Appeal Dismissed

Ratio

Recording of reason is mandatory in Court martial decision.