Court : Madhya Pradesh
Reported in : 1993(0)MPLJ951
..... and conveyed by director general, discipline and vigilance (for adjutant general), in purported exercise of powers under section 19 of the army act, 1950, read with rule 14 of the army rules, 1954 (hereinafter referred to as 'the act' and 'the rules').2. the learned counsel appearing for the petitioner has assailed the impugned show cause notice, on ..... favour of the officer that he was not guilty. this was again not confirmed by the confirming authority by order passed on 25-5-1976. section 160(1) of the army act reads as under:--' 160. revision of finding or sentence. -- (1) any finding of sentence of a court martial which requires confirmation may be ..... fraudulent enrolment or for any of the offences mentioned in section 37.' 6. chapter iv of the act contains provisions regarding conditions of service of persons subject to the army act. section 19, which is relevant for our purpose permits dismissal or removal from service of an army officer by the precedure contained in and subject to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT299
..... irregularities and illegalities committed by his commanding officer and one major r.s. dudee. on receiving no response thereon he filed another statutory compliant under section 27 of the army act, 1950 again bringing to the notice of the higher authorities the illegalities committed by his commanding officer col. devinder yadav and major r.s. dudee. on ..... petitioner's defence was considered. the opinion of the deputy judge, advocate general branch was also obtained and on that basis a summary trial under section 84 of the army act and rule 26 was held against the petitioner and thereafter the impugned order dated 1-10-2003 was passed imposing a punishment of loss of ..... of incident have elapsed a fresh trial against the petitioner is also not permissible in view of the provisions of section 122 of the army act and, therefore, at this stage there is no provision in the army act or rules which could permit recording of the statements of the defence witnesses in the summary of evidence afresh .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)ILLJ82MP
..... brigade, who was served with a charge sheet on march 9, 1989. in summary court martial held under section 116 of the army act, 1950 the petitioner was found guilty and was dismissed from service. however, the brigade commander of the unit under section 162 of the army act converted the sentence of dismissal into one of discharge. the petitioner challenged the order by a petition- m ..... the petitioner are of no help to the petitioner.8. in case of lt. colonel k.d. gupta (supra), the supreme court in civil appeal directed the authorities of indian army to reconsider case of the employee for promotion on the basis of his medical categorisation continuing as s.i. the authorities denied promotion as lower medical catergorisation was not connected ..... s.k. dubey, j.1. in this petition under section 12 of the contempt of courts act, 1971 read with article 215 of the constitution the petitioner makes a prayer to punish the non-petitioners for not complying the order of this court dated july 23, 1996 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT282; 2004(1)MPLJ217
..... the court of inquiry was also held after the absence of thepetitioner for more than 30 days on 24-7-1991 and he was declared as deserteras per section 106 of the army act. the punishment imposed upon thepetitioner can not be said to be disproportionate. he was absent earlier alsoon two occasions and that also justifies his dismissal from service ..... him on that date. he has also pleaded that no court of inquiry was held after his absence beyond the period of 90 days as provided in section 106 of the army act. it is further stated that the proceedings of the summary court martial were not sent to the higher authorities so that the punishment imposed upon the petitioner ..... the view that the petitioner can not be believed as he did not bother to take treatment from the military hospital at jabalpur. the petitioner was working in the army for seven years and if he had been really ill he would have taken treatment from the military hospital, jabalpur. therefore, the finding of the court martial on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP233
..... disposed of by this court as per annexure a-1 directing the general officer commanding-in-chief, central command, lucknow to dispose of the appeal under section 162 of the army act within one month from the date of receipt of the appeal. it is the grievance of the petitioners that despite the order dated 24-6-92 ..... advised the petitioners to plead guilty. it was also asserted that the punishment given to the petitioners was proper and they were guilty of various offences under the army act. during the course of the argument it was pointed out that the reviewing authority has already rejected the appeal filed by the petitioners.9. in this petition the ..... jammu and kashmir high court pointed out that in accordance with article 33 of the constitution of india the army personnel have been provided with a special procedure under the army act and the rules. the vires of these act and rules are not challengeable because of article 33 of the constitution of india. however, further derogation in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ245
..... 1) the petitioner, who is a havaldar, pleaded guilty to the charge of sodomy under section 377 of the indian penal code, for other charges under section 46(a) and section 39(a) of the army act (shortly referred to as the act). the petitioner was convicted and sentenced to six months' rigorous imprisonment apart from his reduction to ..... on 17-12-1990 he was sent to civil prison to suffer the sentence of imprisonment.3. in accordance with the provisions contained in section 162 of the act read with army rule 133, the summary court-martial proceedings were sent to the officer commanding, who by communication sent to the jail authorities through a warrant ..... supported the action contending that the general officer commanding, in exercise of his powers under section 162 of the act, rightly quashed the summary court-martial proceedings since it was found that the mandatory provisions contained in rule 22 of the army rules were not followed. the submission is that the first court martial being null .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992CriLJ1312
..... 1) the petitioner, who is a havaldar, pleaded guilty to the charge of sodomy under section 377 of the indian penal code, for other charges under section 46(a) and section 38(a) of the army act (shortly referred to as the act). the petitioner was convicted and sentenced to six months' rigorous imprisonment apart from his reduction to ..... on 17-12-1990 he was sent to civil prison to suffer the sentence of imprisonment.4. in accordance with the provisions contained in section 162 of the act read with army rule 133, the summary court-martial proceedings were sent to the officer commanding, who by communication sent to the jail authorities through a warrant ..... the action contending that the general officer commanding, in exercise of his powers under section 162 of the act, rightly quashed the summary court-martial proceedings since it was found that the mandatory provisions contained in rule 22 of the army rules were not followed. the submission is that the first court-martial being null and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1993)ILLJ525MP; 1992(0)MPLJ307
..... and we find that it is distinguishable because it was a case of a member of the armed forces, governed by the army act and the rules. the supreme court, after examining the entire provisions of the army act and the rules, held that the authorities holding court-martial are not required to reveal reasons, for its verdict. there ..... in such a case,'the supreme court, thus, very clearly noted the distinction in the matter of recording reasons by the ordinary quasi-judicial authorities and the army authorities exercising power in a court-martial in relation to the members of the defence service. the supreme court has, however, reiterated the principle that except in ..... authority. there may be some exceptional situations but these should be only exceptions and not a rule. there is a clear provision in the administrative procedure act of the united stated that a hearing officer shall first make an initial or recommended decision which should be available to the parties before the final decision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ454
..... special enactment.'-x- -x- -x- -x-in ajmer singh v. union of india and ors., 1987 car 236 (so dealing with section 5 of the code and army act' and applicability of section 428 of the code (both central enactments) relating to set off of the period of detention the supreme court with reference to conviction by court ..... matrial under army act a central enactment and section 5 of the code held that:-'the effect of section 5 of the code of criminal procedure is to render the provisions of the code of criminal procedure inapplicable in respect ..... of the state government.12. considering the foregoing, there would appear no repugnancy between the provisions of chapter xxxvi of the code and sub-section (2) of section 61 of the act. the reference is answered accordingly. the matter shall now go back to the learned additional sessions judge for disposal of the revision petitions in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ600
..... 27. in som datt v. union of india, air 1969 sc 414 while examining the pari materia provisions of the army act, their lordships held : -'there is no express obligation imposed by section 164 or by section 165 of the army act on the confirming authority or upon the central government to give reasons in support of its decision to confirm the proceedings ..... each of the contentions seriatim by reference to the record of the proceedings whereinto we have looked with assistance of the respondents' counsel.contention no. 15. section 110 of the act provides that a g.c.m. may be convened by the central government or the chief of the air staff or by any officer empowered in this ..... and catalogued as under: -(i) that, the general court martial (hereinafter g.c.m., for short) was not properly convened as there was violation of section 110 of the air force act, 1950; assuming that there was a general authorisation to a.o.c.-in-c, the actual convening order is sent by group captain b. r. baboo; thus, .....
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