Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... learned counsel for the petitioner submits that the central government issued notification no. sros 329 and 330 dated 23rd september, 1960 making section 21 of the army act 1950 and chapter iv of the army rules 1954 applicable to general reserve engineering force. therefore, the personnel of gref are governed by the army act. in support of the above, reliance has been placed to the judgment of honble supreme court of india in r. viswan and others vs union of india and others ..... warrants. they were charged before the court martial for offences under section 63 of the army act. the court martial proceedings took place in accordance with the procedure prescribed by the army act 1950 and army rules 1954 as applicable to the members of gref and on being convicted, they were dismissed from service. in this factual background, the notification impugned in the writ petition making the certain provisions of army act applicable to gref personnel was challenged. the apex court while upholding the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This writ petition filed in the Honble High Court of Jammu and Kashmir at Srinagar is taken up on transfer to this Tribunal as an appeal against the finding and sentence of Summary General Court Martial (SGCM) under Section 15 of the Armed Forces Tribunal Act, 2007. The petitioner while being the Commanding Officer of 14 Wireless Experimental Unit (WEU) was tried by SGCM from 07.11.1999 to 29.11.1999 on the following charges (a) First Charge: Army Act Section 52 (b) DISHONESTLY MISAPROPRIATING PROPERTY BELONGING TO THE GOVERNMENT In that he, at Field, during October 1998, as Commanding Officer, 14 Wireless Experimental Unit, Dishonestly misappropriated nine trucks of coal Dust, the property of the government, costing Rs. 73,143/- (Rupees Seventy three thousands one hundred forty three only). (b) Second Charge : Army Act Section 52 (b) DISHONESTLY MISAPPROPRIATING PROPERTY BELONGING TO THE GOVERNMENT In that he, at Field, during October 1998, as Commanding Officer, 14 Wireless Experimen...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This is a writ petition filed by the petitioner before the High Court of Andhra Pradesh on 03.06.2005, which came to be transferred to Regional Bench Chennai on establishment of that Tribunal, and was taken up there as TA No. 76 of 2010. There from, it came to be transferred to this Bench, pursuant to the order of the Principal Bench dated 27.10.2010; accordingly, it was registered here. Notice was issued, then MA was filed by the petitioner being MA No.194 of 2011, which was withdrawn by the learned counsel for the petitioner on 14.09.2011, and it was clarified that since this is a matter seeking to challenge the Court Martial Proceedings and punishment awarded, it would be heard as an appeal under Section 15 of the AFT Act. Learned counsel for the respondents was directed to procure and make available for perusal of the Court, the entire record of Court Martial Proceedings. Accordingly, the same has been received, and the matter was then taken up for hearing on 29.11.2011, and was co...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... sentence for 4 months rigorous imprisonment in civil jail, dismissal from service and to be reduced to ranks without caring for the statutory provisions and beyond his jurisdiction. respondent no 2 , 3 and 5 were under statutory obligation as encompassed in section 126 of the army act, 1950 before instituting the summary court martial proceedings to obtain permission from the criminal court. challan and list of witnesses had been duly filed before the criminal court, district courts, bathinda (annexure p-5). however, respondent no ..... were taken into consideration before passing the sentence. hence, it can be gainfully said that the trial of the petitioner is without jurisdiction and nullity in the eyes of law. 14. the petitioner had forwarded a post confirmation petitioner under section 164(2) of the army act, 1950, vide letter no 27309/gsg/legal notice no 1/2003 dated 24.5.2003. the respondent no 1,2,4 and 5 have taken no action to redress the grievance of the petitioner. hence the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army act, 1950. there is no averment in the petition that the petitioner availed any remedy under the army act for redressal of her grievance. the letter dated 22.3.2011 is reply to the legal notice under section 80 cpc. section 80 cpc provides for serving of notice before institution of suit and has nothing to do with the army act. there is no material on record for condoning the long delay in filing the petition. in view of above, the petition is dismissed .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
L.T. Gen. N.S. Brar (Retd) This writ petition filed in the Honble Punjab and Haryana High Court is taken up on transfer to this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007. The petitioner was enrolled in the Army on 13.02.1936 and was discharged as a Havildar on 14.02.1957 on completing terms of engagement. He was granted service pension wef 15.02.1957 for 21 years pensionable service. He was re enrolled in the Territorial Army (TA) on 11.03.1958 and was discharged as superannuated wef 11.09.1968 on attaining the age of 50 years, He had rendered 10 years and 142 days of embodied service in the TA. The petitioner states that the service rendered with the TA is reckonable towards enhanced pension under Regulation 121(a) read with Regulation 289 of the Pension Regulations for the Army, 1961. These, as also Section 2(1)(e) of the Army Act, have been reproduced in the petition as under 121. Pensioners re-employed in a service capacity otherwise than in an emergency. (a)...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
This application has been filed by the applicant seeking the following reliefs/directions:- (a) Quash the Summary Court Martial trial including its finding and the sentence awarded to the applicant being illegal and without jurisdiction and the applicant be relieved of the consequences arising out of the said illegal trial. (b) Direction to the respondents to reinstate the applicant in service with all consequential benefits and reliefs along with interest; (c) Any other order that the Honble Tribunal may fit in the facts and circumstances of the case. (d) The application be allowed with costs throughout. Shorn of unnecessary details, the facts leading to the instant application are that the application was enrolled in Punjab Regiment on 31-10-1988. In the month of December, 2006 while posted to 53 RR in the 2006 he was deputed to undergo Promotion Cadre being held at his parent unit i.e. 23 Punjab. He was granted 10 days casual leave from 16 December to 25 December 2007 with the condi...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
The file of the above case has been received on transfer on the commencement of the Armed Forces Tribunal Act, 2007, from Punjab and Haryana High Court at Chandigarh, in view of Section 34 of the Act. The petitioner joined the Army in the year 1969 in the Regiment of the Commanding Officer, 17, Engineer Regiment and remained there till he was dismissed from service on 21.5.1993. By means of present petition, the petitioner has challenged the said dismissal order a copy whereof has been filed as Annexure P-4. The background facts may be noticed in brief. The petitioner has been admittedly punished repeatedly by the military authorities. He was tried by a Summary Court Martial on 27.7.1987 on his absence without leave and was sentenced to three months rigorous imprisonment in military custody by the Summary Court Martial. Again the petitioner had absented himself without leave on 14.5.1988 till 12.4.1989 and on 28.4.1989 till 13.6.1989. A Summary Court Martial was ordered against him for...
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... forces tribunal and the armed forces tribunal is empowered to deal with service matters as defined in section 2 of the act which reads as under:- section 2 2. applicability of the act.- (1) the provisions of this act shall apply to all 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) (2) this act shall also apply to retired personnel subject to the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950), including their dependents, heirs and successors, in so far as it relates to their service matters .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950) as the case may be, and respective rules and regulations made thereunder. (2) for the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950, (45 of 1950) and respective rules and regulations (a) if a final order has been made by the central government or other .....
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