Q: Explain the relevancy of citation of Chief Of The Army Staff And Others vs Major Dharam Pal Kukrety on 21 March, 1985 ?

Ans: 

Chief Of The Army Staff And Others vs Major Dharam Pal Kukrety on 21 March, 1985

The honourable Supreme Court held that before parting with this Appeal, we would like to observe that the alleged incidents in respect of which the Respondent was tried before the general court-martial took place nearly ten years ago. We, therefore, feel that the Chief of the Army Staff should take into account the conduct as well as behaviour of the Respondent during the intervening period and if they have been in conformity with good order and military discipline and the high traditions of the Indian Army, he may consider the desirability of proceeding further in the matter. The order of high court was set aside by honourable Supreme Court. 

In our case also, the bsf personnel fired in bushes owing to excitement having the spirit of patriotism. So, considering the spirit of patriotism , his conduct of indiscipline can be ignored with warning or admonishment and he must also be reinstated.
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