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Harminder Kumar (Cap.) Vs. Union of India

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 19 and 122 - Rule 14(2)

Reported in : 1998VIAD(Delhi)368; 75(1998)DLT597

writ petition the show-cause notice dated 28.2.1984 issued under Army Rule 14 read with Section 19 of the Army Act, 1950.2. The case of the petitioner is that having come to the conclusion that the proceeding with court martial

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … a show cause notice was issued to the respondent under Section 19 of the Act read with Rule 14 of the Army Rules, 1954 (hereinafter the Rules, for short) calling upon the respondent to show cause why

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

ORDERV.V.S. Rao, J.1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for brevity) falls for consideration in both these appeals and hence they are being disposed of … the respondents can still take action against the appellants under Section 19 of the Act read with Rule 14 of the Rules by terminating the services of the appellants on account of misconduct. Therefore, she submits that

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Subject : Service

Acts : Air Force Act, 1950 - Sections 20(3), 20(7), 65 and 71; Air Force Rules, 1969 - Rules 18, 18(1), 24, 24(4) and 36; Army Act, 1950 - Sections 19 and 45; Army Rules, 1954 - Rules 14, 14(2), 14(3) and 14(4)

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

who behaves in a manner unbecoming his position can be removed from service under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954 without being tried by a Court Martial under Section

Union of India (Uoi) Vs. Capt. S.K. Rao

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 2, 18, 19, 45 and 191(1); Army Rules, 1954 - Rule 14

Reported in : AIR1972SC1137; (1972)1SCC144; [1972]2SCR447

service on the ground, inter alia, that Rule 14 of the Army Rules, 1954, was ultra vires the Army Act, 1950, and that the action taken thereunder was without any authority.7. In the petition Rao gave a somewhat different … no case.9. The Army Rules, 1954, including Rule 14, were framed in exercise of the powers conferred by Section 191 of the Army Act, 1950. Rule 14 of the Army Rules, 1954, is as follows :(1) When

Indian Defence Service of Engineers Association (Govt. Approved) Vs. U ...

Court : Delhi

Subject : Land Acquisition

of rules- i.e. the Military Engineer Services (Army Personnel), Regulations, 1989 hereafter ("the 1989 Regulations") framed under the Army Act, 1950 and notification bearing no. SRO. 4E dated 09.07.1991 ("the 1991 Rules") framed under proviso to Article 309 of … them. 4. In these circumstances, urge the petitioners, the 1989 regulations were framed and brought into force under Section 192 of the Army Act. It is submitted that these regulations did not in any manner seek to … these impugned regulations and rules violate the fundamental rights- embodied in Articles 14 and 21, of its members, who are members of the Military Engineer

Saroj Taneja Vs. Union of India

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14

Reported in : 1998VIAD(Delhi)829; 77(1999)DLT233

of this Court was upheld by the Supreme Court. Later on, a notice under Section 19 of the Army Act, 1950 read with Rule 14 of the Army Rules, 1954 was issued. On the 30th of October, 1991 this

Pradeepta Kumar Mohapatra Vs. Union of India (Uoi) and ors.

Court : Orissa

Subject : Constitution

Acts : Army Act, 1950 - Sections 13, 14, 16 and 17; Army Rules - Rules 8 and 13; Constitution of India - Articles 226 and 227

Reported in : 97(2004)CLT34

under the Act or was a trainee recruit as claimed by the opposite parties. Section 13 of the Army Act, 1950 prescribes procedures before enrolling officer. Section 14 provides for mode of enrolment which contemplates that if after complying

Union of India (Uoi) and anr. Vs. V.N. Saxena

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19 and 122; Army Rules, 1954 - Rules 14, 14(2) and 40; Constitution of India - Article 226

Reported in : 2008(4)ALD38(SC); JT2008(4)SC613; 2008(6)SCALE35; (2008)11SCC516; 2008AIRSCW2647; 2008LABIC2586; 2008(3)Supreme25; JT2008(4)SC613

passed. No order as to costs.6. In Harjeet Singh Sandhu's case (supra) the scope and ambit of the Army Act, 1950 (in short the 'Act') and Rule 40 of the Army Rules, 1954 (in short the 'Rules') inter alia … where the trial by Court-Martial against the offences committed by an army personnel was barred by limitation under Section 122 of the Act, the summary procedure for termination under Rule14(2) of the Rules, cannot be followed on … which we are placing on the term 'impracticable' as occurring in Rule 14(2) we proceed to provide resolutions to the several problems posed by the

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct … camouflage and as such is vocative of principles of natural justice and the fundamental right guaranteed under Article 14 of the Constitution?' 39. The Full Bench answered the reference on 8th July, 1994 and the decision is