Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... by the appellant under articles 226 and 227 of the constitution in the honble delhi high court. on creation of this tribunal, the writ petition was transferred and is being dealt with under section 15 of the armed forces tribunal act. earlier the appellant had moved the honble high court of judicature allahabad, lucknow bench by filing writ petition no. 653 ..... appellant had been rightly found guilty and that the sentence passed was in accordance with the gravity of the offence and in consonance with the provisions of the air force act, 1950. 9. considering the fact that adequate evidence was produced to confirm the guilt of the appellant, we do not find any reason to interfere with the ..... sick at 1800 hours, which itself shows how minor the injuries were. it was also urged that holding a court of inquiry was not mandatory under the air force act, 1950 as it was merely a fact finding body which could be dispensed with. in this case, the commanding officer did not consider it necessary to hold .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
ghanshyamprasad this case has been received on transfer from honble punjab and haryana high court and it has been treated as application under section 14/15 of the armed forces tribunal act, 2007. in this application, the petitioner seeks quashing of show cause notice dated 21-02-2004 (annexure a-4) whereby the petitioner has been discharged from service under army rule .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... by justice aca adityan) 1. this appeal has been preferred under section 15 of the armed forces tribunal act 2007. 2. there were eight charges framed against the applicant on 29.07.2000. (i) the first charge is, under army act section 63, an act prejudicial to good order and military discipline in that he, at secunderabad, on 4th september 1999, improperly ..... the convictions rendered by the gcm in respect of charges 5, 6, 7 and 8 are liable to be confirmed since there is no acceptable material placed before this tribunal to warrant any interference, in respect of those charges. 30(l) when coming to the question of sentence, we are of the view that while awarding the punishment ..... register. but, to our dismay, the said dak register containing the signature of the accused/appellant for having received the said movement order was not placed either before the tribunal or before the gcm. but, as per the evidence p.w.8 and p.w.9, the accused had refused to receive the movement order. p.w.19 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
ghanshyam prasad: issue notice to the respondents. mr. vibhor bansal, cgc, accepts notice on behalf of the respondents. this application under section 14 of the armed forces tribunal act, 2007 has been filed for grant of disability pension (disability element) for 50% disability to the petitioner after giving the benefit of rounding off from the date ..... claim for grant of disability element was rejected by the pcda (p) allahabad, vide letter dated 19-09-1997 (annexure a-1). after obtaining relevant documents under the rti act, he has filed the present application. heard the learned counsel for both the parties. in course of the submissions, it is submitted by the learned counsel for the ..... military service. it is well settled that pcda (p) has no power to alter the findings of the rmb. it is binding upon them and they have to act according to opinion and findings of the rmb. thus having regard to the facts and circumstances of the case, we are of view that the petitioner is entitled .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
ghanshyamprasad this application under section 14/15 of the armed forces tribunal act, 2007 has been filed by the petitioner for grant of service element from the date of invalidation. the petitioner joined the army in a medically fit condition on 03-05- ..... any letter or order from the respondents regarding rejection of his claim of disability pension. in the month of march, 2011, he filed an application under the right to information act for getting complete medical documents etc. however, the same were not supplied on the ground that all the documents had already been destroyed. reply has been filed on behalf of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
ghanshyamprasad issue notice to the respondents. mr. anil khurana, cgc, accepts notice on behalf of the respondents. this application under section 14/15 of the armed forces tribunal act, 2007 has been filed for grant of disability pension. it appears from the record that the petitioner was commissioned in the indian army on 15-07-1969. at that time, ..... aggravated by military service. thereafter he made two representations, but of no avail. during the current year, he received a copy of medical board proceedings (annexure a-4) under the rti act in which his disability has been shown as aggravated by service by the release medical board. hence this application in course of the submissions, it is submitted by the learned .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... khan,j.) 1. by this application under section 14 of the armed forces tribunal act, the applicant lt col b.k.singh has challenged the proceedings of court of inquiry initiated against him which are going on against him in the form of recording of ..... court of inquiry and recording of summary of evidence, the applicant was illegally attached and was not allowed to avail the casual leave is also of no avail because this tribunal lacks jurisdiction to decide such question. 10. the proceedings of court of inquiry and recording of summary of evidence are statutory proceedings and any statutory proceedings, if taken against any ..... and producing any witnesses in defence of his character or military reputation. meaning thereby, whenever any inquiry affects the character or military reputation of a person subject to the army act, adequate opportunity should have been afforded to him of being present throughout the inquiry and of making any statement and of giving any evidence he may wish to make or .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... ) under article 226 of the constitution of india was brought before the delhi high court. the same was transferred to this tribunal on 11 sep 2009 and was treated as an appeal under section 15 of the armed forces tribunal act 2007. the appellant has prayed for setting aside of the order of conviction, sentence of one year ri and dismissal from ..... heard the arguments and perused the sgcm proceedings. the goc 28 inf div was competent authority to order sgcm of the appellant under army act section 112 b as he was the officer commanding the forces in the field on active service. 16. no prejudice was caused to the appellant by amending the original charge sheet served on the ..... civil dress are an operational necessity. 12. the sgcm was convened by the competent authority, that is goc 28 inf div under army act section 112 (b) as he was the officer commanding the forces in field on active service. the appellant was tried by sgcm between 4 -17 oct 95 and comprised of 6 officers who were not .....
Tag this Judgment!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 Principal Bench New Delhi
..... 1. this appeal u/s 15 of the armed forces tribunal act, 2007 (which hereinafter called to be an act) was brought. in this appeal challenge is made to the order dt 28.11.08 passed by aoc-in ..... why you should not be dismissed from the service under section 20 (3) of the air force act, 1950 read with rule 18 of the air force rules, 1969 for your abovementioned act of misconduct. your reply, if any, should be submitted to aoc, 2 wing, af within ten (10 ..... in-chief, south western air command, iaf, who is of the opinion that in view of the aforesaid circumstances, your retention in the air force is undesirable and has ordered issuance of this show cause notice to you; and 9. now therefore, you are to show cause as to ..... be given to the appellant, that would not be in pursuance to the provisions of para 790 (a), (b) and (c) of air force regulations, 1964.. it has also been submitted that the authority adopted a short cut method to harm the appellant by way of taking administrative action. .....
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