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Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 20(3) and 106; Army Rules - Rule 17

Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634

such, he was declared deserter with effect from 2.5.1996. A Court of Inquiry was heldunder Section 106 of Army Act, 1950 and being a peace deserter, the petitioner was dismissed from service w.e.f. 21.10.1999 in terms of Army Act … (permanent) w.e.f. 12.11.1982, as a case of 'fracture med-shaft, femur (Lt). The disability was estimated of more than 20%. Petitioner submitted a willingness certificate to continue in service and on the recommendation of officer commanding unit to

Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Constitution of India - Articles 21, 226 and 311(2); Army Act, 1950 - Sections 20(3), 105 and 106; Army Rules, 1954 - Rules 13, 13(2), 13(3), 13(5) and 17; Army Pension Regulation, 1961 - Regulation 132; Army Regulations, 1987

Reported in : 2005(1)ESC255

copy of that letter was also sent to the wife of the petitioner under Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :'105. Capture of deserters--(1) Whenever any person subject to this … order dated 21.10.1999, the petitioner was dismissed from service by Commandant, A.S.C. Centres (South), Bangalore under Army Act 20 (3) declaring the petitioner as deserter w.e.f. 2nd May, 1996. By order dated 12th April, 2004, the representation

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 … 1969, was asked to show cause why he should not be dismissed from service under Sub-section 3 of Section 20 of the Air Force Act, 1950 for committing the aforesaid offence. He was also asked to furnish his

Ex. L/Nk Rameshwar Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 20 and 22; Army Rules, 1954 - Rules 13 and 17

Reported in : RLW2003(1)Raj216; 2002(3)WLN653; 2002(3)WLN653

to say in this regard and an action would be taken in terms of Section 20 of the Army Act, 1950 read with Rule 13 of the Army Rules, 1954 (hereinafter referred to as the Rules of 1954). (x)

Shish Ram Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution Of India - Article 136; Army Act, 1950 - Section 20(3); Pension Regulations, 1961 - Regulation 113 (a)

Reported in : 2012(1)SCC290; 2012(1)LLN394; AIR2012SCW1167

the appellant from service is the brigade commander and this should be clear from Section 20(3) of the Army Act, 1950. He submitted that the appellant has in fact been dismissed by the brigade commander. Regarding pension, he submitted

Shish Ram Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act - Sections 2, 2(1), 2(2) and 20(3); Indian Reserve Forces Act, 1950 - Sections 5; Indian Reserve Forces Rules, 1955; Indian Reserve Forces Act, 1888 - Sections 4, 5 and 10; ; defense Service Regulations - Rule 206

Reported in : 115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)

personnel and consequently could not have been dismissed from service under the provisions of Section 20(3) of the Army Act. In support of the said plea the petitioner has relied upon Regulation 206 of the defense Services Regulations … the aforesaid contention, the counsel also referred to the provisions of Section 5 of the Indian Reserve Forces Act, 1950 and the Indian Reserve Forces Rules, 1955.8. In the light of the aforesaid submissions, we have carefully perused

Ram Sunder Ram Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 12, 13, 13(3) and 177; Army Act, 1950 - Sections 20, 22, 23, 63 and 191

Reported in : JT2007(9)SC159; 2007(9)SCALE197; 2008(2)SLJ23(SC)

found guilty of prejudicial act to good order and military discipline, was charged under Section 63 of the Army Act, 1950 [for short 'the Army Act']. On 08.08.1989, Major H.S. Dhillon, Presiding Officer, Summary of Evidence, sent a letter … the appellant by the respondent No.5 under the guise of discharge from service in exercise of power under Section 20 of the Army Act.14. Mr. Vikas Singh, learned ASG appearing for the respondents, on the other hand, made

Jay Shiv Kushwaha Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : ServiceConstitution

Acts : Constitution of India - Article 20(2); Army Act, 1950 - Sections 22, 39 and 121; ;Army Rules - Rule 13

Reported in : 2002(3)AWC1969; (2002)3UPLBEC2098

12th November, 2001, after being absent for 53 days; 10 days rigorous imprisonment under Section 39(a) of the Army Act, 1950 (hereinafter referred to as Army Act) was awarded to the petitioner. The petitioner was discharged from service with … respondents. 2. By this writ petition, the petitioner has prayed for quashing the discharge order dated 23rd December, 2001. Further a writ of mandamus has been sought directing the respondents to reinstate the petitioner in service and

Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 69 and 70; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20

Substances Act, 1985 relating to offence for which the army personnel is tried would be incorporated in the Army Act, 1950. Section 69 is a legislative device by which all civil offences are being brought for trial before the General … 69 of the Army Act, 1950 for committing the civil offence i.e., possessing ganja in contravention to Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under Section 39(a) of the Army Act,

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Subject : Service

Acts : Constitution of India - Articles 14, 21 and 226; Army Act, 1950 - Sections 20 and 23; Army Rules, 1954 - Rules 11, 12 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 360

Reported in : 2000VAD(Delhi)749

AND ITEM OF TABLE IN RULE 17 OF ARMY RULES 1954 READ WITH ARMY ACT SECTION 20(3) OF ARMY ACT, 1950. 1. 'Dismissed from service w.e.f. 16 July, 1991 being convicted by Hon'ble Court of Addl Sessions Judge, Bhiwani(Haryana)