Court : Delhi
Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)
..... of the citizen, but he is unaware of them. certain procedures have been laid down in various documents about which very few people seem to be aware.army act, 1950 13. retirement, release or discharge of army personnel is provided for in section 22 of the army act, 1950 (for short the act).14. this provision reads as under:'22. retirement, release or discharge. - any person subject to this ..... act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.'15. section 191 of the act empowers the central government to .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)ILLJ634All; (1990)3UPLBEC1876
..... or practicable, and as such, condition precedent for taking action of discharge was not satisfied.4. section 22 of the army act, 1950 (hereinafter referred to as the act) provides for retirement, release or discharge. this section is quoted below:'retirement, release or discharge - any person subject to this act may be retired, released or discharged from the service by such authority and in such manner as ..... may be prescribed.'5. rule 13 of the rules framed under the act has specified the authorities competent .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj216; 2002(3)WLN653; 2002(3)WLN653
..... the person concerned an opportunity to show cause against the order of discharge.13. the next question which arises for consideration is whether compliance of section 22 of the army act, 1950 and rule 13 of the army rules, 1954 have been made in this case or not since it is a case of discharge?14. show cause notice dated 10.1.91 ..... government.' 8. a bare perusal of section 20 of the army act, 1950 and rule 17 of the army rules, 1954 would reveal that section 20 of the army act is confined in the case of dismissal or removal or reduction and rule 17 of the army rules, 1954 provides the procedure for such act and thus section 20 of the army act, 1950 and rule 17 of the rules of ..... notice failing which it would be presumed that there was nothing to say in this regard and an action would be taken in terms of section 20 of the army act, 1950 read with rule 13 of the army rules, 1954 (hereinafter referred to as the rules of 1954). (x) though the petitioner was served with a show cause notice and 30 .....
Tag this Judgment!Court : Kerala
Reported in : (1970)ILLJ114Ker
..... 1903 is the second-named person there and the petitioner in original petition no. 1902 is the ninth-named person. it appears to me that by virtue of section 22 of the army act, 1950, read with rule 13 of the rules framed, the petitioners in these petitions can be discharged. there is no case that the discharge has been effected by ..... any authority other than the authority mentioned in rule 13. section 22 runs thus:22. any person subject to this act may be retired, released or discharged from the service ..... by such authority and in such manner as may be prescribed.rule 13 of the rules framed under section 191 of the army act, 1960, empowers the authorities specified in col. (3) of the table in rule 13 to discharge persons specified in col. (1) of the table. it is said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(57)BLJR271; JT2008(12)SC476; 2008(14)SCALE591; (2009)1SCC216; 2009(3)SLJ71(SC):2008AIRSCW7809
..... pleasure of the president. section 19 clothes the central government with the power of dismissal ..... of the physical status of the army personnel, it will be useful to briefly refer to relevant statutory provisions.16. chapter iv of the army act, 1950 (for short `the act') deals with the conditions of service of the army personnel. section 18 of the act provides that every person subject to the act shall hold office during the ..... there cannot be any compromise on that score. it is with this object in view, the legislature has enacted the army act, 1950; the armed forces medical services act, 1983 and framed the rules. army orders are also issued from time to time in order to give effect to these statutory provisions in letter and spirit .....
Tag this Judgment!Court : Delhi
Reported in : 66(1997)DLT792; 1997(41)DRJ353
..... and of the no statutory pension regulations of 1961. (17) provisions of the army act, rules 14(5),15 and pensions regulations 3,4,16(a); (18) we shall first refer to the provisions of the army act and of the rules. chapter iii deals with commission, appointment and enrolment. chapter iv (sections ..... from section 71(h) and (k) (3) whether the impugned order passed against the petitioner forfeiting his pensionary benefits is arbitrary and liable to be quashed? points 1 & 2 (16) before dealing with this aspect of the matters, it is necessary to refer to the relevant provisions of the army act, 1950 and of the army rules 1954 ..... nor reduce him in rank nor order that his retiral or other benefits be forfeited. but the position of those governed by the army act is different. the court martial has power under section 71 of the army act - as part of the power to impose punishments - to order dismissal, reduction of rank/forfeiture of pay, pension etc. ( .....
Tag this Judgment!Court : Delhi
Reported in : 146(2008)DLT337; 2009(1)SLJ440(Delhi)
..... have obviously not intended or proposed to take any action on the molestation aspect of the charges. this being the position sections 69 and 70 of the army act, 1950 are of no avail to the petitioners.6. learned counsel for the petitioners have also drawn our attention to chapter-iiii ..... rule 16a and b with retirement. rule 17, which is in pari materia with rule 22 of the bsf act, covers cases of dismissal or removal by the chief of army staff and/or any other officer. it was on the basis of this rule that learned counsel for the ..... by no. 3184427-k sepoy satvir singh of 9 rastriya rifles battalion1. no. 3184427-k rank sepoy name satvir singh enrolled in the army on 27 oct 90 and posted to 9 rashtriya rifles bn on 15 may 94. on night 03/04 jul 97, while on duty ..... by no. 2885897-x rfn jaipal singh of 9 rastriya rifles battalion1. no. 2885897-x rank rfn name jaipal singh enrolled in the army on 25 may 88 and posted to 9 rashtriya rifles bn on 14 aug 94. on night 03/04 jul 97, while on duty .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT34
..... of the pleadings of the parties, the main question that needs consideration is as to whether the petitioner was a regular army soldier recruited under the act or was a trainee recruit as claimed by the opposite parties. section 13 of the army act, 1950 prescribes procedures before enrolling officer. section 14 provides for mode of enrolment which contemplates that if after complying with the provisions of ..... section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi233
..... army.9. under the army act, 1950 (hereinafter referred to as 'the act') the president has the power to grant, to such person as he thinks fit a commission as an officer, or as a junior commissioned officer, or to appoint any persons as a warrant officer to the regular army (vide section 10), chapter iv of the act, ..... in which are included section 18 to 24. deals with conditions of service. section ..... thereafter as the service of the emergency commissioned officer were required.19. it follows that by virtue of section 22 of the act read with rule 16 of the army rules and para 15 of the army instructions no. 9/s/62 commission of emergency commissioned officers could be terminated at any time by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1986)IILLJ1AP
..... to deal with the subject in issue. the appointing authority of the appellant is the president of india by operation of s. 10 of the army act 1950 (46 of 1950), for short, 'the act'. therefore, we hold that executive action of the union of india extends to all matters over which it has legislative competence to make law and ..... a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. a reading of these two sections makes the position manifest that the communication of an acceptance is complete as against the appellant when it is put in the course of transmission to him so ..... state minister. what is thus latent was made patent by office order no. 51 dated 16th august, 1984 but its result is inconsequential. section 114(c) of the evidence act permits to draw presumptive evidence that official acts have been regularly performed. in emperor v. sibnath benarji, a.i.r. (1954) p.c. 156, lord thankerton speaking for the .....
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