Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... arrested in pursuance of the arrest 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 ..... nor any material was placed before us to show that any such notification in respect of gref was issued by the central government under section 2(1)(i) of the army act 1950. on record it has come that the petitioner had earlier filed writ petition being cwp no. 1262 of 1999 in respect of 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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... property of the government, costing rs. 68,145.50 (rupees sixty eight thousand one hundred forty five and paise fifty only). (c ) third charge : army act section 52 (b) dishonestly misappropriating property belonging to the government in that he, at field, between october 1998 and november 1998, as commanding officer, 14 wireless ..... 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 experimental unit, dishonestly ..... 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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... advocate general officer was of the rank lower than that of the petitioner, which is in violation of the provisions of section 129 of the army act and rule 40(2) of the army rules. according to section 129, every general court martial, and every district or summary general court martial may be attended by a judge advocate, ..... the third charge was under section 45 of the army act, being an officer, behaving in a manner unbecoming his position and the character expected of him; in that, he at hyderabad, in april, 2004, elicited ..... as 31st may, 2002, well knowing that on 31st may, 2002, the said recruit had been declared "unfit" by him. the second charge was under section 39 (a) of the army act, absenting himself without leave, in that, he, at hyderabad, absented himself without leave from artillery centre hyderabad from 11th april, 2004 to 19th april, 2004. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... 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 ..... 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 ..... whether respondent no. 5 was under statutory application to hold a joint trial as enunciated in rule 35 of the army rule. (c) whether respondents no. 5 was under statutory obligation to comply with section 127 of the army act 1950. (d) whether respondent no. 5 could hold the trial by way of summary court martial without first obtaining .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... 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 ..... ..?. the letter dated 22.3.2011 is reply to the legal notice under section 80 cpc. section 21 of the armed forces act 2007 provides that tribunal shall not 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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this act to such persons under sub-section (1) of section 9 of the territorial army act, 1948. xx xx xx xx the petitioner continued to draw pension from 15.02.1957 as also during his service in the ..... 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) ..... (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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... it was submitted that the discharge order could not be made effective from back date i.e. 17.1.1990. reliance was placed on relevant provisions of the army act. the learned counsel for the respondents on the other hand submits that the petitioner has been dismissed after following the prescribed procedure. elaborating the arguments, he submits ..... perused the record. the learned counsel for the petitioner argued that dismissal order has been passed in breach of rule 17 of the rules framed under the army act. it was also urged that no notice was given or served on the petitioner with respect to the proceedings of court of inquiry declaring the petitioner as ..... 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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... promotion cadre, nor any evidence regarding the fact that the applicant had overstayed the leave without sufficient cause which is the gravamen of the charge under section 39 (b) of the army act was adduced in the soe. though he explained in detail about his ailment and treatment in govt. hospital, despite that no effort was made to ..... of inquiry was conducted against him in which a prima facie case was stated to have been found against him and accordingly he was charged under section 39 (b) of the army act for the offence without sufficient cause overstaying leave granted to him. his summary of evidence was recorded. thereafter he was tried by the summary court ..... gravely prejudiced the applicants defence and on this score also, the trial is liable to be set aside. we have carefully gone-through the provision contained in section 143 of army act and find substance in the contention of the learned counsel. furthermore, the decision of this bench dated 18-10-2012 in oa no. 1292 of 2011 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... (45 of 1950), including ..... 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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
..... 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 ..... 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 .....
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