Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... 13(3) iii (v) is passed and it is sufficient compliance of the rules that a show cause notice is given. section 22 of the army act provides that any person subject to the act may be retired, released or discharged in the manner as may be prescribed. an order of discharge under rule 13(3) iii (v) is not a punishment ..... court should avoid an interpretation which makes a statutory provision redundant. the rules under the army act prescribe the manner in which the punishment under section 80 is to be awarded. while all personnel subject to the army act can be tried by courts martial, the power under section 80 can be exercised only in respect of soldiers other than officers jco s and ..... was awarded more than four red ink entries based on the punishment orders dated 09.07.2001 u/s 48 of the army act wherein the petitioner was awarded 14 days imprisonment, order dated 08.03.2002 under section 39 (a) of the army act wherein he was awarded 14 days imprisonment, order dated 01.07.2002 u/s 63 of the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... 10. the terms of regulation 16(a) are clearly different from regulation 113(a). according to regulation 16(a), when an officer as defined in section 3 (xviii) of the army act, 1950, is cashiered or dismissed or removed from service, then the president has the discretion of either forfeiting his pension or ordering that he be granted pension ..... exceeding that for which he would have otherwise qualified had he been discharged on the same date. (b) an individual who is removed from service under army act, section 20, may be considered for the grant of pension/gratuity at the rate not exceeding that for which he would have otherwise qualified had he been discharged ..... in the case of a person who is discharged, and not dismissed, under the provisions of the army act. in the case of discharge, a person remains eligible for pension or gratuity under the said regulation. the latter part of section 113(a) provides that in exceptional cases, the president may at his discretion, grant service pension .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... a court order to the same effect is passed, it should be given due consideration while dealing with the question of alteration in allowance. (b) the existing note 5 to army act section 120 be deleted. 2. the above amendments shall come into effect from the date of issue of these orders. yours faithfully, sd/- (s.i. barodia) desk officer ..... s case the ground upon which the trial was held to be vitiated by the allahabad high court was that there was a breach of section 120 sub section 2 of the army act and that there was an absence of circumstances indicating the existence of any grave reason or immediate action justifying the holding of a summary court martial ..... on every date of over stayal and the trial was therefore not barred by limitation. moreover, an order has been passed by the reviewing authority under section 163 of the army act substituting the finding of the court martial and confining the punishment given to the petitioner would be in respect of the over stayal for three years .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... complied with. 9. ld. counsel for the petitioner drew our attention to rule 111 (2) of the rules framed under the army act rule 111 (2) reads as follows : 111 (1) (2) the charges on which the accused is arraigned shall be ..... the accused either by a court martial or a criminal court any previous punishments awarded to him by an officer exercising authority under section 80, 83, 84, or 85 as the case may be, the length of time he has been in arrest or ..... accused either by a court martial, or a criminal court, any previous punishments awarded to him by an officer exercising authority under section 80; the length of time he has been in arrest or in confinement on any previous sentence, and any military decoration, ..... thousand only) from hdfc bank account no. 028511550012322 of said person by using atm debit card. after proceedings under rule 22 of the army rules, summary of evidence was recorded. five witnesses were examined on behalf of the prosecution, namely, maj. himanshu kalia, who identified .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... awarded; (iv) any other matter, whatsoever, but shall not include matters relating to (i) orders issued under section 18 of the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as a ..... jurisdiction to adjudicate upon the matter. 6. section 3(o) of the armed forces tribunal act, 2007 reads as follows :- 3(o) service matters , in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950), mean all matters relating to the conditions of ..... part of unit, formation or ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950). (iii) leave of any kind. (iv) summary court martial except where the punishment is of dismissal or imprisonment .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
..... show cause notice. by an order dated 04.02.2003 of the commandant, punjab regimental centre, ramgarh the applicant was ordered to be reduced to the rank of sepoy under army act section 20 (4) as the reply of the applicant was found unsatisfactory. the applicant filed a statutory complaint which was rejected by an order dated 17.11.2004. he then filed ..... janardan sahai 1. the applicant was enrolled in the indian army on 04.07.1991 and was promoted to the rank of naik. he was made nco in-charge of the butchery along with sub. skt upendra kumar, jco, in-charge .....
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