Court : Delhi
Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)
..... the aforesaid decision with regard to scope of section 19 of the army act and rule 14 of the army rules, and section 45 of the army act, we may notice these provisions:section 19 of the army act, 1950:'19. termination of service by central government.- subject to the provisions of this act and the rules and regulations made there under ..... officer with or without pension or gratuity; or (b) compulsorily retire him from the service with pension and gratuity, if any, admissible to him.' section 45 of the army act, 1950: '45. unbecoming conduct- any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected to ..... who behaves in a manner unbecoming his position can be removed from service under section 19 of the army act, 1950, read with rule 14 of the army rules, 1954 without being tried by a court martial under section 45 of the army act, which specifically deals with the subject of unbecoming conduct of an officer. before .....
Tag this Judgment!Court : Delhi
Reported in : 32(1987)DLT264; ILR1987Delhi427
..... . mobile signal regiment convening general courts-martial as also for an order/direction in the nature of declaration declaring sections 52(g), 63, 124 and 125 of the army act. 1950, as amended by act 19 of 1955 (for short the act) as ultra virus of the constitution of india.(2) notice to show-cause was issued to the respondents on ..... the officer, not being under the rank of a field officer, commanding the 61 independent sub area. in pursuance of the provisions of the army act, 1950 (xlvi of 1950), i do hereby empower you, or the officer on whom your command may devolve during your absence, not under the rank of field officer, from ..... brig. dalip singh was the field officer, commanding the 61 (independent) sub-area and on account of the authorisation was entitled to convene the general court-martial under the army act. in his absence brig. jagjit singh, offig. commanding the 61 (independent) sub area was covered under the aforesaid authorisation. it was pointed out during the course of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 2220 hrs and 0030 hrs, when on sentry at the 2 armed bde combined offrs mess guard, quitted the said guard without leave. army act section 36(b) breaking into a house in search of plunder in that he, atc/o 56 apo on 26 jul 83 between 2220 h ..... 47 armoured regiment. the charges read as under: chargesheet the accused no.14319084h sowar ghirdhari lal yadav, 47 armoured regiment, is charged with:- army act section 36(d) without orders from his superior officer leaving his guard in that he, at c/o 56 apo on night 26/27 july 83 ..... of ic-16786f maj pjs sandhu of the same regt in the search of plunder. the relevant section 36 d and 36b of the army act reads as under: 36. offences punishable more severely on active service than at other times any person subject to this ..... was informed on 30.7.1983 that he will be tried on 03.8.1983 for offences u/s 36d of the army act and 36b of the army act and a copy of the summary of evidence together with the copy of the chargesheet were enclosed. this was given to .....
Tag this Judgment!Court : Delhi
..... a gcm which exonerated him of all the charges. the confirming authority did not confirm the said verdict instead exercised the right of judicial revision under section 160 of the army act and remanded the matter to the gcm with directions. 82.2 on remand the gcm recorded additional evidence examined some more documents but again reiterated its ..... time barred action. further it had come in the way of his promotion to the rank of lt. colonel. his representation challenging the action under section 16 (2) of the army act was rejected by the competent authority. 82.4 this court referred to the decision in dharam pal kukrety and the earlier decisions in harjeet singh sandhu ..... the findings of a court martial given on the 2nd occasion after remand of the case in exercise of the power exercised by the said authority under section 160 of the army act. b) unless the findings of the court martial holding an accused guilty or not guilty are confirmed, the accused can neither be treated as guilty nor .....
Tag this Judgment!Court : Delhi
..... a gcm which exonerated him of all the charges. the confirming authority did not confirm the said verdict instead exercised the right of judicial revision under section 160 of the army act and remanded the matter to the gcm with directions. 82.2 on remand the gcm recorded additional evidence examined some more documents but again reiterated its ..... time barred action. further it had come in the way of his promotion to the rank of lt. colonel. his representation challenging the action under section 16 (2) of the army act was rejected by the competent authority. 82.4 this court referred to the decision in dharam pal kukrety and the earlier decisions in harjeet singh sandhu ..... the findings of a court martial given on the 2nd occasion after remand of the case in exercise of the power exercised by the said authority under section 160 of the army act. b) unless the findings of the court martial holding an accused guilty or not guilty are confirmed, the accused can neither be treated as guilty nor .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... by stating that the authority, under which administrative action could be taken against the appellant notwithstanding the finding and sentence of the scm, is contained in army act section 20(3) and army rules 13 and 17, which specifically provide that any individual can be removed from service if convicted by a court martial and his retention in service is ..... reply of the appellant was considered by the appropriate authority and not finding any justifiable reason for retention in service, his services were terminated in terms of army act section 20 and army rule 17 and there was nothing illegal or irregular or mala fide in such action of the respondents. 4. it was next argued by the appellant that ..... to the authority to decide as to which court should try an accused. it is not for the accused, in any situation, to question the provisions contained in army act section 125. it is for the magistrate to decide whether the case is to be tried by the criminal court or not, and if he feels so, he .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 6. section 38(1) of the army act, 1950 means that a person deserts or attempt to desert. the expression desert has not been defined but plain and simple meaning / definition of ..... an absentee under aa s. 106 is not by itself a deciding factor if other evidence suggest the contrary. note which elaborates the scope of section 38 of the army act, 1950 for the purposes of administrative convenience clearly says that intention has to be seen with reference to the evidence laid by the delinquent and the emphasis ..... (1) of desertion. more appropriately this is a case where a person has remained absented without leave i.e.section 39 of the army act, 1950 reads as under: absence without leave - any person subject to this act who commits any of the following offences, that is to say- (a) absents himself without leave; or (b) without sufficient cause .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... and statement of evidence was recorded. subsequently, the appellant was tried by the gcm on seven charges, four under army act section 52(f) read with section 34 ipc, one under army act section 63 read with section 34 ipc and two under army act section 42(e). after trial, based on the evidence, the gcm found the appellant not guilty. however, on revision, ..... of 2000 before the delhi high court for quashing the general court martial (gcm) proceedings, whereby he was held guilty of having committed the offence under army act section 52(f) read with section 34 of the indian penal code and sentenced (i) to forfeit five years service for the purpose of pension and (ii) to be severely reprimanded. ..... would be appropriate to refer to charge no. 3. it reads: third charge army act sec. 52(f) read with sec. 34 of indian penal code against both the accused such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud in that they together at field, between 15 jul 92 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... initiator of this anonymous letter. accordingly, he was not permitted to work in his capacity as a store keeper and was victimised by the respondents. the charge of intoxication under army act section 48 did not stand scrutiny as no medical check up was done. to the contrary, the appellant asked for medical check up which was denied and a false and fabricated ..... by 78 days. the second incident, that is of intoxication, occurred on 15.12.1998. the charges that were framed against the appellant are as given below: first charge army act section 39(b) without sufficient cause overstaying leave granted to him in that he, at ambala cantt, on 20 nov 98, having been granted leave of absence from 01 sep 98 ..... cause to rejoin at 0600 h on 11 sep 98 on the expiry of the said leave till he voluntarily rejoined on 28 nov 98 at 0500 h. second charge army act section 48 intoxication in that he, at 1830 h on 15 dec 98 was intoxicated. 4. the respondents argued that the facts of the matter are that on 1.8 .....
Tag this Judgment!Court : Delhi
Reported in : 1985CriLJ1263
..... for proper appreciation of the argument ' advanced on behalf of the petitioner, it would be pertinent to notice certain relevant provisions of the army act and the rules made there under. section 153 of the army act lays down that no finding or sentence of a general, district or summary general, court-martial shall be valid except so far as it ..... in form a-3 by the central government in this behalf. the said warrant was issued by the central government as far back as july, 1950 pursuant to the provisions of the army act and it was addressed to 'the officer not being under the rank of a field officer commanding xi corps'. the said warrant contains the ..... is wholly illegal, the court of revision may award any legal sentence.7. it would also be necessary here to notice some more provisions of the army act and the rules. section 71 of die said act provides for various types of punishments which may be awarded by court-martial. these include (a) death; (b) transportation for life; (c) imprisonment .....
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