Court : Armed forces Tribunal AFT Regional Bench Kolkata
sadhankumar gupta, member (judicial) initially, the writ petition was filed before the honble high court at calcutta. thereafter, due to the advent of the armed forces tribunal act, 2007, the said writ petition was transferred to this bench by the order of the ld. single judge of the high court and it was re-numbered as ta 77 ..... pension, opinion of the medical board should normally be final and must be accepted provided, of course, there is clear evidence to the effect that the medical board did not act properly. so far as the applicant is concerned, it appears that he was placed before the medical board and such board gave its opinion, which is in the record. it .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
sadhankumar gupta, member (judicial) 1. initially, the writ petition was filed before the honble orissa high court by the applicant. it was subsequently transferred to this tribunal, as per provisions of the armed forces tribunal act, 2007 and re-numbered as ta 194 of 2010. 2. the case of the applicant is that he entered into the military service on 7.3.87 and was discharging ..... not allowed to cross-examine the witnesses, nor was he afforded any opportunity to produce evidence on his side. on the contrary, the applicant has claimed that he was compelled/forced to sign some papers, which were converted to be the statement of defence of the applicant and on the basis of that, the finding of guilt was passed by the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... the honble high court at calcutta praying for grant of medical disablement pension and other reliefs. subsequently, the said writ petition was transferred to this tribunal in view of the provisions of armed forces tribunal act, 2007. 2. in brief, the case of the applicant is that he was enrolled in the indian army as a sepoy on 29.1. ..... to us, is not at all desirable and is not permissible in the eye of law. to our mind, the present application is very much maintainable before this tribunal, as the concerned authorities failed to discharge their legal obligation in this respect, by way of keeping the appeal pending for more than five years. 12. be that ..... may, the applicant has produced the copy of the medical boards opinion, which, according to him, was obtained by way of collecting information under the right to information act, 2005. ld. advocate for the respondents did not dispute the authenticity of such documents, which are xerox copies of the originals. as such, we perused the medical .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... writ jurisdiction under article 226 of the constitution of india praying for quashing of such notice. said writ petition was transferred to this tribunal by the order of the high court as per provisios of the armed forces tribunal act. 14. at the very outset let us consider the technical objection, as taken in the rejoinder. it appears that in the rejoinder ..... 2 to 8 of the show cause notice were placed before the chief of the army staff, then he formed the opinion that continuation of the petitioner in the armed forces was not desirable which resulted in issuance of show cause notice. there is no dispute that the chief of the army staff has such power to issue such ..... iman of the same regiment, by putting his hand above her bre. intending thereby to outrage her modesty. (b) second charge army act sec. 69 committing a civil offence, that is to say, using criminal force to a woman with intent to outrage her modesty,contrary to section 354 of the indian penal code in that he, at field, during .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... 1. originally writ petition no. 8970 of 2009 was filed by the petitioner before the honble high court at calcutta. however, since the coming into operation of the armed forces tribunal act, said writ petition was transferred to this bench for disposal and same has been renumbered as t a no.7 of 2010. 2 case of the petitioner is that he ..... preferred to take advantage of the ignorance of the candidates in respect of the legal position. the defence ministry is the guardian of all the members of the armed forces and it is expected that they will take benevolent steps in favour of jawans and others so that they should not be deprived of their legitimate claim. if ..... month and as such there cannot be any limitation in this respect. in support of his contention he has relied upon the decision passed by the central administrative tribunal, hyderabad bench wherein it has been held that the claim for pensionary benefit is a continuous cause of action and as such the question of limitation does not .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... ) 1. originally writ petition no. 897l of 2009 was filed by the petitioner before the honble high court at calcutta. however, since the coming into operation of the armed forces tribunal act, said writ petition was transferred to this bench for disposal and same has been renumbered as t a no.13 of 2010. 2. case of the petitioner is that ..... preferred to take advantage of the ignorance of the candidates in respect of the legal position. the defence ministry is the guardian of all the members of the armed forces and it is expected that they will take benevolent steps in favour of jawans and others so that they should not be deprived of their legitimate claim. if ..... month and as such there cannot be any limitation in this respect. in support of his contention he has relied upon the decision passed by the central administrative tribunal, hyderabad bench wherein it has been held that the claim for pensionary benefit is a continuous cause of action and as such the question of limitation does not .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... for condonation of delay and we think that such prayer should be rejected. in the result, the application praying for condonation of delay, as filed under section 22 of the armed forces tribunal act 2007, stands dismissed on contest but without cost. consequently the transfer application is also not admitted and same is also dismissed. ..... the application filed under section 22 of the armed forces tribunal act (hereinafter called the act) praying for condonation of delay, as well as the objection filed against it are taken up today for passing order . in the application under section 22 of the act the applicant has stated that consequent to a court martial proceeding, that was initiated against him, he was found guilty and the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... kumar gupta, member (judicial) 1. the writ petition which was filed before the calcutta high court was transferred to this bench as per provision of the armed forces tribunal act 2007 and renumbered as t a 19 of 2010. 2. the fact as stated in the application may be summarized as follows:- 3. the petitioner joined ..... its letter and spirit. it is claimed that as per army order 4 / 2000, the signed complaint, as submitted against the applicant, being a member of the armed force, was investigated and in the instant case a court of enquiry was convened to investigate the circumstances leading to the incident. they have claimed that after consideration of ..... did not append the certificate that the child understood the duty of speaking truth, the statement by a child does not automatically become in effective and its probative force will not suffer on that ground. after all keeping a record of preliminary examination is not a condition precedent for taking into consideration the evidence of a child .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... judgment. the applicant filed an application before the honble calcutta high court and the said application, subsequently was transferred to this bench, in view of coming into operation of the armed forces tribunal act, 2007. 2. the facts as stated in the application are that the petitioner was enrolled in service permanently in the year 1999. on 03-09-2007, the petitioner received show .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... outset pleaded that the case of issue of noc is not within the purview of section 3 (o) (ii) where various subjects that are within the jurisdiction of the armed forces tribunal (aft) act are listed; in this sub clause, there is no mention of issue of noc on subject closely related. therefore, he pleaded this case is not tenable by the aft ..... authorities are well within their rights to do so. he also referred to serial eight of the right to information act wherein mater of security are exempt from being disclosed. he further emphasizes that grant of noc by the air force authorities is a matter of privilege as no individual can demand it. this is clearly spelt out in both the ..... may 2009. 36. the applicant not satisfied with the rejection of his request for noc filed a w.p. in the calcutta high court and subsequently transferred to this tribunal. the plea of the applicant is that rejection of his request for noc first on grounds that the appointment was not as per the guidelines of afo 14/2008 .....
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