Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... is not dependent upon the decision in statutory representation. they are altogether a separate proceeding and cannot be assailed in an appeal under section 15 of the armed forces tribunal act 2007. we are not oblivious of the fact that a decision rendered without jurisdiction would be coramnon juris. in harshadchiman lals case (supra), it was held ..... representation/complaint is pending. in this regard, it would be appropriate to quote the relevant provisions contained in section 15 of the armed forces tribunal act 2007, which reads: 15. jurisdiction, powers and authority in matters of appeal against court-martial:--(1) save as otherwise expressly provided in this ..... residence is used, it would be relevant to refer to certain notifications which have been issued by the central government defining the territorial jurisdiction of the benches of the armed forces tribunal at chennai, jaipur, lucknow, chandigarh, calcutta and kochi. they are: s.r.o nos. 14(e) dated 21.10.2009, 15(e) dated 28. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... to undergo rigorous imprisonment for three months and dismissal from service. the writ petition was transferred to this tribunal after its formation and is being disposed of by this judgment, treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the appellant joined the indian army in 1978 and was posted to the asc as an ..... the coas to convert the sentence of dismissal to discharge and it was advantageous to the appellant. lastly, considering the necessity of upholding the requirement of discipline in the armed forces, the sentence given by the scm was not shockingly disproportionate. the respondents also clarified that action had also been taken against the jco, nb sub raghu nath, who ..... the delhi high court in lnk gurdev singh v. union of india (w.p (c) no. 776 of 1995 dated 1.2.2008), which was followed by this tribunal in ex. nk. subhash chand v. union of india and others (t.a no. 723 of 2009 dated 27.4.2010). the observations made by delhi high court .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... to (i) undergo rigorous imprisonment for one year and (ii) to be cashiered. on formation of this tribunal, the said writ petition was transferred to this bench and treated it as an appeal under section 15 of the armed forces tribunal act, 2007. 2. at the outset, learned counsel for the appellant has submitted that the appellant was falsely ..... itself would not stand. 3. on the other hand, learned counsel for the respondents has submitted that the appellant was not competent to do so and had acted beyond jurisdiction for procurement of government stores at his own discretion unless duly approved by ce, lucknow zone. the appellant manipulated the laid down instructions in the ..... statement of the accused under section 313 of the code of criminal procedure can be the sole basis for conviction. the statement of the appellant under army act section 58 does not demolish the prosecution version. 12. it has further been argued by learned counsel for the appellant that non-mentioning of the sop dated .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... writ petition was transferred to this bench and is being disposed of by this judgment treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the prosecution case, in a nutshell, is: on posting to 2 signal training centre for instructional duties, the appellant joined on 3.2.1992. on 28.10.1993 ..... pw 1 was recruited by paying illegal gratification. 8. before analysing the evidence, it would be useful to answer the point whether the recruitment of pw 1 to the armed forces allegedly by bribes is a ground to reject his testimony and the evidence of other witnesses? be it noted, the appellant took this stand for the first time when he ..... he, at margao, on 28 october 1993, at about 1930 hours, with indecent intent got himself masturbated from no nya recruit udai bhanu of the same regiment. second charge army act sec. 46(a) disgraceful conduct of an indecent kind, in that he, at margao, on 30 october 1993, at about 0930 hours, with indecent intent kissed and embraced no .....
Tag this Judgment!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 Principal Bench New Delhi
..... disposed of by this judgment, treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the facts that gave rise to this appeal are: the appellant joined the army as craftsman and trade vehicle mechanic on 4.1.1996. while he ..... he was held guilty of having committed an offence under army act section 40 (a) read with section 34 of the indian penal code and sentenced (i) to undergo rigorous imprisonment for three months in civil prison and (ii) to be dismissed from service. on formation of the armed forces tribunal, the writ petition was transferred to this bench and is being ..... is evident from the injuries noted. the appellant deserves no leniency so far as the sentence awarded by the scm is concerned especially he being a member of the disciplined force. if any kind of leniency is shown to the appellant, it would affect the system. we, therefore, do not find any reason to interfere with the sentence awarded .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... with section 354 of the indian penal code and sentenced to be dismissed from service. the writ petition stood transferred to this tribunal and was treated to be an appeal under section 15 of the armed forces tribunal act 2007. 2. the allegation against the appellant is that while serving as a doctor in the dental corps of the indian army ..... at shillong, he committed a civil offence using criminal force to four women with intent to outrage their modesty. a charge sheet on ..... him to stand beside her since the appellant had misbehaved with her. 6. pw 4 sandhya thapa has categorically stated that the appellant used criminal force on her by caressing her fore-arms, breasts and private parts near thighs, which is corroborated by the evidence of pw 5, to whom she narrated the incident soon after the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 52(f), against which he filed w.p (c) no. 18315 of 2006. both the writ petitions were transferred to this tribunal and are being disposed of treating them as appeals under section 15 of the armed forces tribunal act 2007. 2. it is graciously submitted by learned counsel for the appellant that t.a no. 447 of 2009 (w.p ..... in this regard, the functions and the responsibilities of the supply depot, trimulgheri are to be noted. (1) supply depot, trimulgheri had 52 drawing units excluding air force and operated 18 contracts, which were concluded by the higher authorities; (2) two butcheries were being managed under the control of oic (a) trimulgheri butcheries with 49 ..... to the evidence on record and are pre-conceived. the findings suffer from non-compliance of the statutory provisions. the trial is barred by limitation under army act section 122. the charge against the appellant is mainly dependent upon the report of the technical officer who was associated with the court of inquiry. the technical .....
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 Principal Bench New Delhi
..... sentenced to be cashiered and to suffer rigorous imprisonment for one year. on formation of the armed forces tribunal, the writ petition had been transferred to this tribunal and is treated as an appeal under section 15 of the armed forces tribunal act 2007. 2. the facts of the case as set out by the appellant in a nutshell are: after successfully holding varied ..... based on the court of inquiry held, the appellant was tried by the gcm on frivolous charges. the appellant was not afforded a fair opportunity as contemplated under army act section 180 and also at the stage under army rules 22 to 24. moreover, no reliance could be placed on the testimony of the witnesses, as they were ..... what remains to be considered is the quantum of sentence, so far as charge no. 1 is concerned. though the first charge refers about the offence under army act section 52(f) viz. having caused wrongful loss to the government by placing two supply orders in respect of repairs to 3 ton shaktiman ba no.37405 for rs .....
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