Court : Armed forces Tribunal AFT Regional Bench Kochi
..... automatically in causing reduction to ranks by operation of law. therefore, there was no justification to impose both the punishments together. 9. it is true that according to army act section 71(e) and (f), dismissal from service and reduction to ranks are two different punishments. but,when in a given case, the only punishment of dismissal from ..... and its effect, that, the said statement had been used as an evidence against him, which is in contravention to the provisions of cr.p.c; that, army act sec.46(a) has been misinterpreted and digressed in order to make the petitioner a scapegoat; that, he was not given a proper chance to defend his case; that ..... specific order is required in such matters. but, where the summary court martial decided to impose both the punishments as per army act section 71 (e) and 71 (f), there was no question of any application of army act section 77. 10. we have to see whether both the punishments of dismissal from service and reduction to ranks could be imposed .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... proper to deal with them accordingly, may be due to the simple reason that the trial by the court martial had become barred by limitation under section 122 (4) of the army act, 1950, according to which, no trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the ..... army act, 1950 on conviction by a court martial. the punishment that can be inflected on the guilty is of imprisonment for a term which may extend to five years or such less punishment as is provided in the act. it is thus evident that as and when the offence of fraudulent enrolment in terms of section 43 of the army act ..... no court martial proceedings had been initiated in the matter. there does not appear to be any limitation for initiating the action under army act section 20 read with army rule 17. section 122(4) of the army act no doubt creates a bar on initiation of a court martial proceedings on expiry of three years from the commission of the offence. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... , the petitioner committed his first offence on 11th february, 1982 during his recruit training when he absented himself without leave. he was proceeded under section 39(a) of the army act for being absent without leave. the petitioner had pleaded guilty for this charge and was awarded seven days rigorous imprisonment. 7. on 5th may, ..... august, 1986, the petitioner committed an offence by visiting the family quarters of another soldier who was away on night training. he was proceeded under section 63 of the army act for violation of good order and military discipline. although the petitioner pleaded not guilty, the offence of the petitioner was proved beyond doubt and he ..... was awarded 'severe reprimand'. 9. on 13th april, 1988, the petitioner was charged under section 63 of the army act for violation of good order and military discipline for which he pleaded guilty and was awarded 'severe reprimand'. 10. on 7th october, 1991, the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... a perusal of the records show that the provision of the army act has no application to the facts of this case. the petitioner was recruited under the provisions of the army act. he was discharged under the rules framed under the territorial army act. the provisions of the act show that after the basic training, the persons recruited will ..... discharged from service stating that he is unlikely to become an efficient soldier under rule 14(b)(iii) of the territorial army rules framed under the territorial army act. this proceedings was filed as a writ petition before the honourable high court of kerala, challenging that order and the same is transferred to ..... the contention that the petitioner has been denied the opportunity of earning a livelihood is completely baseless as the territorial army is not a career and continued employment cannot be guaranteed as per the territorial army act. the period spent under training alone will be treated as enrolled service. even if a person continues in the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... to be resolved in the instant case are, firstly whether the army acts and rules are relevant to the dsc or not, and secondly, whether the petitioner is eligible to be issued his army discharge certificate. we have perused the relevant orders and these are discussed in the subsequent paragraphs. 14. the army act, 1950 in section 3(vi) has defined a 'corps' in the following manner ..... :- 'corps' means any separate body of persons subject to this act which is prescribed as a corps for the purpose of all or any of the provisions of this act . 15. the army rule, 1954, chapter vii, rule 187 reads as follows .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... to reconsider the statutory complaint submitted by applicant dated 10th august 2006 vide annexure b and dispose of the same, in accordance with law, and in strict compliance of section 26 of the army act, as expeditiously as possible, at any rate on or before 22nd february, 2007. . 5. after the aforesaid order of the hon'ble high court of karnataka, ..... no.2 to reconsider the statutory complaint dated 10th august 2006 and dispose of the same in accordance with law and also in a strict compliance of the section 26 of the army act. the relevant observations of the hon'ble high court of karnataka made in paragraph nos 4 to 7 of the order are being reproduced as follows:- 4. ..... rank of naib subedar with effect from 1st april, 2005. before the promotion to the rank of naib subedar, he was summarily tried for the charge under section 39(b) of the army act and was awarded severe reprimand, which was brought on his service record as red ink entry with effect from 1st april, 2004. the applicant was due .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... the bullet hit the panel of the cook house and a splinter caused injury to another soldier. the court therefore found him guilty of two charges under army act section 69 and awarded him punishment appropriate to the offence committed. 7. the respondents have contended that the entire disciplinary proceedings against the applicant was conducted as ..... and thereafter have the evidence reduced to writing and if required order a trial by the summary court martial. these have been clearly indicated in army act section 120 and chapter v of the army rules. in the instant case, the matter was referred to the next superior hqs including brigade (sector), division (force) and corps hqs ..... , in the charge sheet signature of the accused was not obtained contrary to army rule 130. for conduct of the scm under army act section 69, reference and approval of the competent authority should have been taken as per section 120 of the army act which was not done. it is also submitted that memorandum in terms of ao .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... alone, the decision of the respondents not to grant him extension is to be upheld. it is also contended that petitioner was severely reprimanded for an offence under section 41 of the army act for not obeying the lawful command of his superior on 18.3.1975. so, the decision taken by the respondents not to grant extension is correct and does ..... (permanent) with effect from 6.6.1988 which is lower than 'aye'. it is also contended that petitioner was awarded the punishment of severe reprimand for an offence under army act, section 41, for disobeying the lawful command given by his superior on 17.3.1975. it is further contended that award of punishment for an offence under ..... section 41 of army act will make a person ineligible for extension for two years. so, the petitioner is not entitled to get the deemed extension for two years. it is also contended that .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... it has been contended that, the petitioner had been declared a deserter and will be administratively dismissed in due course in terms of section 19 of the army act 1950 read with rule 14 of the army rules. he would have been granted service pension if he had completed his terms of engagement or honourably discharged from service on ..... a deserter, he forfeits the right to claim service pension. the involvement of the petitioner in criminal case itself invites disciplinary action under section 69 and 70 of the army act, 1950. it has also been submitted that the petitioner is liable to be dismissed from service following his conviction by criminal court in terms of ..... army rule 17 read with section 20(3) of the army act. further, future good conduct is an implied condition for every grant of pension or allowance in terms .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... injustice. 27. in the instant cases, the report of the court of inquiry prompted the respondents to proceed against the applicants under the army act section 20(3) read with army rule 17 by issuing show cause notices and there was no other material except the materials collected during the court of inquiry for such ..... by maj.gen. paramjit singh, goc, who directed for issue of a show cause notice to each of the applicants and other candidates under the army act section 20 read with army rule 17, vide his order dated 17th july, 2004. after receipt of the notices, the applicants submitted their respective replies to the show cause ..... . the remaining 33 candidates who had been involved for having their fraudulent enrolments were recommended to be served with show cause notices under the army act, section 20, read with army rule 17. apart from the aforesaid candidates, certain officers/officials involved in making the recruitment were also found guilty against whom separate recommendations were .....
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