Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... petitioner on the basis of the charges which were already decided by a gcm proceeding, which has got the status of a judicial proceeding as per section 152 of the army act 1950. the petitioner has categorically claimed that the decision of the authority in issuing showing cause notice in his name for the purpose of dismissal from service, ..... have already pointed out that the court martial proceeding is a judicial proceeding for all practical purpose as provided in section 152 of the army act 1950.the finding of the gcm, being the highest judicial forum in respect of the army discipline, to our mind cannot be ignored in this way. if it is done, then there is no ..... for this which have been exposed now.thereafter, yesterday night at 11.30 pm she was found in a male officer s room . (h) eighth charge army act sec. 63 an act prejudicial to good order and military discipline. in that he, at jalandhar, between 09 mar 2006 and 10 mar 2006, improperly and without authority compelled, ic-63524w .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... set aside. however, goc, eastern command, rejected such representation. 3. on 29.8.2000 the petitioner filed an application under section 164 and 165 of the army act 1950 before the chief of the army staff, new delhi. in the said application the petitioner categorically mentioned that the presiding officer of the summary court martial proceeding did ..... justice. this contention of the learned advocate for the accused / applicant is thus not accepted. 7. the accused has claimed that the provision of section 131 of the army act regarding the taking of oath or affirmation in the prescribed manner was not followed. according to the learned advocate for the applicant this provision of taking ..... action against the petitioner for his alleged absence of 3 hrs. 30 minutes. in this respect the petitioner has pointed out to the provision of section 80 of the army act. 4. regarding the factual aspects, the petitioner has claimed that in fact he was not absent as alleged. he went to the shopping centre .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... towards maintenance allowance. according to the respondents, after due deliberation, the order of maintenance was passed by the competent authority u/s 90(i) of the army act read with rule 193 of army rules. such maintenance allowance was granted in favour of respondent no. 6, as the applicant failed to maintain his wife and son. the reply to ..... 5.5% in favour of the minor child from the salary of the applicant. the competent authority has been given this power by the army acts and rules, which has been supported by the army orders issued from time to time. as discussed above, it is the responsibility of the competent authority to, first of all, satisfy himself ..... maintain his wife and child and for this, special provision has been made in the army acts and army rules. in this respect, ss. 90 and 91 of the act and rule 193 of the rules are relevant. there is nothing mentioned in the army act or army rules regarding the procedure to be adopted in processing a claim for maintenance. in this .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... disciplinary proceeding against the applicant. a charge-sheet was issued against the applicant whereby two charges were framed for disgraceful conduct against the applicant under section 46(a) of the army act. subsequently the applicant was held guilty on the basis of the alleged plea of guilt by the applicant and during such proceeding, the statement ..... with the available materials that were there in the court martial proceedings. since the court martial proceeding was held in violation of the provisions of the army act and also in violation of the principles of natural justice, so, the applicant has prayed that the decision as passed in the court martial proceedings, ..... the applicant that evidence that was available with the authority, did not justify initiation of any proceeding against the applicant u/s 46(a) of the army act. according to the applicant, the decision of the court martial authority in this respect in holding the applicant guilty is totally unwarranted and is not supported .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... in accordance with the rule. 14. fourthly, learned advocate for the applicant further argued that summary court martial proceeding is vitiated due to non compliance of section 120(2) of the army act. so far as this proceeding is concerned it appears that the commanding officer of the unit conducted the summary court martial and it is who can only ..... of the penalty imposed, would remain undisturbed. 11. so it appears that the law as enunciated by the apex court is clear on this point that section 130 of the army act is not at all applicable so far as summary court martial proceeding is concerned. since the delhi high court considered the original judgment, as passed by the ..... . true it is that the honble apex court in the decision as reported in air 1987 s c 2386 (supra) has held that non-compliance of section 130 of the army act by not asking the accused as to whether he had any objection regarding the formation of the summary court martial proceeding, will vitiate the entire proceeding and .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... decision the honble delhi high court took into consideration the pension regulation. it was observed by the honble judges that court martial authority as per section 71 of the army act 1950 has enough power to pass a sentence of forfeiture of pension amount of a person who was found guilty. since no such order was passed ..... order, the authority was not authorised to forfeit the pensionary benefits to which the petitioner was entitled. we have taken into consideration the provision of section 71 of the army act 1950 wherein in sub-rule (h) it has been provided that the court martial authority has the power of directing forfeiture of service for the purpose ..... affidavit-in-opposition wherein the claim of the petitioner was denied on material points. according to the respondents since the petitioner was dismissed from service under the army act he is not entitled to get pension and gratuity as per pension regulation 1962. however, in an exceptional case the president of india may sanction such .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... petitioner in his application reiterates that he was awarded seven days rigorous imprisonment (ri) by his commanding officer under a proper offence report charged under section 39 (a) of the army act, 1950. therefore, it was, according to him, illegal to punish him again by discharging him from service for the same reason, though interpreted differently ..... india and ors (supra): the ibid judgment actually relates to excess punishment awarded to the petitioner in a summary court-martial for an offence punishable under section 39(a) of army act, absence without leave . honblejustice s.b.sinha, and his companion judge, have brought out in paragraph-11(ii), imposition of two punishments viz., ..... 2005 and rejoined voluntarily on 18th september 2005; total absence from duty being eight days. he was tried summarily for the said offence under section 39 (a) of the army act and awarded a punishment of seven days ri in military custody (annexure r-1). the above incident of being awl for eight days, .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... imposition of sentence was communicated to the wife of the petitioner by the concerned authority. 5. petitioner preferred an appeal under section 164 of the army act 1950 and also an application under section 182 of the act before the goc-in-c, head quarter, eastern command for suspension of sentence awarded against him. as the controlling officer did ..... at the hands of such a person. the learned advocate for the respondent on the contrary argued that as per section 116 of the army act 1950 only the commanding officer is entitled to preside over such scm. section 116 runs as follows :- (1) a summary court martial may be held by the commanding officer of any corps ..... , department or detachment of the regular army, and he shall alone constitute the court. (2) the proceedings shall be attended .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... not only the delay aspect, but also another issue, wherein the opponents felt that the petitioner could have filed statutory complaint under the provisions of section 26 of the army act, 1950. these two aspects were contested by the petitioner in paragraph-7 of the rejoinder by rightly mentioning that statutory provisions for complaint was not applicable in ..... the points mentioned above, the transfer application is disposed off, on contest, without any cost, with following directions:- (a) the impugned order dated 31st may 1996 (army medical corps records letter no. c/13987576/dp (ppo) dated 31 may 1996) is quashed since it is in violation of the unanimous opinion of the medical board ..... were not in a position to supply such confidential medical documents. 4. the respondents in their a/o have reiterated that the petitioner was invalidated out of service under army rule 13 (3) table (iii) (iv) for being in medical category eee- (psy) with a total service of one year and 256 days. they have .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... hours. 9. the ld. advocate also questioned the charges leveled against the applicant. the two charges were for disobedience of order given by a superior; charge under army act (aa) section 41 (2). the first charge for the offence on 30th july 2009 was not contested, however, he felt the second charge for the same offence on 03rd august ..... he even declined to cross examine the pws. the principle of natural justice in no way has been violated. 21. the charges framed against the applicant under aa sec 41 (2) are appropriate. the applicant has deliberately and wantonly disobeyed lawful command. in the defence forces commands are invariably verbal and a superior officer is not bound ..... to the radio detachment when so ordered. it was argued that since his client had not reported for duty, it cannot be under the charge of disobedience but under section 39 of the aa, i.e,. absence without leave . 10. the ld. advocate for the petitioner pleaded that in the appeal filed by the applicant against the .....
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