An allegation against the then Acting Lance Dafadar while on duty entered the residence of a colleague, placed his hands on the shoulder of his colleagues wife, while she was giving bath to her son. Summary Court Martial was conducted and held guilty and was dismissed from his services. The Armed Forces Tribunal concluded that the punishment of dismissal was disproportionate and should be modified to an order of discharge. It was contended before the Apex Court that in Randhir Singh vs. Union of India that there was no reason or justification to hold an SCM in May 2008 in respect of an incident that took place in August 2007. Referring to Section 120 of the Army Act 1950 and the Supreme Court judgment in Ex Havildar Ratan Singh vs Union of India and in Union of India vs Vishav Priya Singh, it was contended that the convening of an SCM is by way of an exception where immediate action is necessary. The bench comprising Justice DY Chandrachud and Justice Indira Banerjee said, the fundamental principle of law which has been enunciated is that the power to order an SCM is a drastic power which must be exercised in a situation where it is absolutely imperative that immediate action is necessary. In the present case, though the incident took place on 11 August 2007, the SCM took place on 22 May 2008. The convening of an SCM was contrary to law and by taking note of the fact that about twelve years have elapsed since the date of the incident, the bench invoked Article 142 of the Constitution of India, and ordered that the discharge of the Havildar shall take effect from the date on which he completes fifteen years of service so as to render him eligible for the grant of pension.