Court : Andhra Pradesh
Reported in : (1992)IILLJ559AP
..... grounds. any action terminating the services of the employee is subject to the provisions of the army act, 1950 and the rules and regulations made thereunder. rule 14 of the army rules, 1954 contemplates that before proposing to terminate the services of an officer under section 19 of the army act, he should be given an opportunity to show-cause in the manner specified in sub-rule ..... court in the said o.p. 7. to appreciate the first contention, it is necessary to extract the relevant provisions. section 19 of the army act, 1950 only says that the termination of services of any employee is subject to the provisions of the act and the rule (2) of rule 14 on which reliance is placed is as follows : '14. termination of service by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT363; (1993)ILLJ194AP
..... the offence of a person who deserted his post at a critical moment, cannot have any application to the facts of the present case. 38. section 27 of the army act 1950 indicates a remedy for aggrieved officers in the following terms : 'any officer who deems himself wronged by his commanding officer or any superior officer and ..... of the country and exigencies of the defence services. he submits that the petitioner ought to have complained under clause 361 of the regulations of section 27 of the army act. he could have obtained redress if he had a genuine case against the transfer. he submits that it is not for the petitioner to ..... petitioner ought to have requested for cancellation of his posting under section 27 of the army act or submitted a representation against his transfer under para 361 of the army regulations. he submits that approach to this court without exhausting statutory remedies available under the army act and regulations should not be encouraged. he also submits that it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD352
..... respondent dated 10-3-1999 as endorsed by the third respondent dated 11-3-1999 (charge sheet to be tried by general court martial) as being in violation of the army act, 1950, section 121 ofarmy rules 34, regulations for the armypara 903 exceeding jurisdiction, unlawful and ultra vires.2. interim stay was granted in wpmpno.7134 of 1999 on 22-3-1999 and ..... are barred from proceeding against the petitioner by way of trial by a general court martial under the provisions of section 121 of the army act, 1950. section 121 of the said act is extracted hereunder:'121. prohibition of second trial :--when any person subject to this act has been acquitted or convicted of an offence by a court martial or by a criminal court, or has .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT271; (1992)IILLJ559AP
..... any action terminating the services of the employee is subject to the provisions of the army act, 1950 and the rules and regulations made thereunder. rule 14 of the army rules, 1954 contemplates that before proposing to terminate the services of an officer under section 19 of the army act, he should be given an opportunity to show-cause in the manner specified in sub ..... .7. to appreciate the first contention, it is necessary to extract the relevant provisions. section 19 of the army act, 1950 only says that the termination of services of any employee is subject to the provisions of the act and the rules and regulations made under the act. sub-rule (2) of rule 14 on which reliance is placed is as follows:' ..... the directorate in proceedings no. 71902/525/d.v.-4 dated 22-6-1988 to show-cause as to why his services should not be terminated under section 19 of the army act read with rule 14 of the rules made thereunder. the petitioner submitted a reply on 1-8-1988 to the effect that the o.p. filed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALD637; 1997(2)ALD(Cri)401; 1998CriLJ1454
..... datta's case, their lordships observed as under :- '..... in the present case it is manifest that there is no express obligation imposed by section 164 or by section 165 of the army act on the confirming authority or upon the central government to give reasons in support of its decision to confirm the proceedings of the court-martial. mr ..... are illegal and unjust. 28. thus it is manifest from the perusal of the above provisions that there is no obligation imposed by the sections 164 and 165 of the army act to give reasons in support of its decision in confirming the finding and sentence of the court-martial. the supreme court has taken the same ..... finding or the sentence, the decision shall be in favour of the accused. section 133 of the act provides that the provisions of indian evidence act shall apply subject to the provisions of the army act to the proceedings before the court-martial. section 153 of the act provides that no finding or sentence of a general court-martial, district or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD56; 2001(5)ALT52
..... context of the rival submissions, the points that arises for consideration in these writ appeals are-1. what is the scope and true interpretation of section 122 of the army act, 1950?2. in the facts and circumstances of the case whether the trial against the appellants cannot be commenced after the expiry of a period of ..... to the interpretation of section 122 of the army act, 1950 ('the act' for brevity) falls for consideration in both these appeals and hence they are being disposed of by this common judgment. the appellant in writ appeal no.687 of 2001 (hereinafter referred to as the first appellant) is a colonel in indian army whereas the appellant ..... offence or to the authority competent to initiate action, whichever is earlier.14. it is interesting to note that after amendment, sub-section (1) of section 122 of the army act is ipsi sima verba with section 469 of code of criminal procedure, 1973, which reads as under :469. commencement of period of limitation :--the period of limitation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP380
..... seat.6. the main contention advanced by the learned counsel for the petitioner is that at per the regulations made under s. 192 of the army act precedence is given to vishisht seva medal and according to the notification dated 16-6-1986 issued by the secretariat of the president of india determining ..... seva medal and vishisht seva medal winners are the exceptional few who have showed outstanding and exemplary devotion to duty, some times almost amounting to gallantry.7. army order 59/79, which prescribes the procedure for submission of recommendations for gallantry and distinguished service awards, enumerates the gallantry awards, which are as follows:1 ..... no. 62, education (rules) department, dated 10-2-1989 in exercise of the powers conferred by section 3 read with s. 15 of the a.p. educational institutions (regulation of admission and prohibition of capitation fee) act, 1983. rule 9(4) of the a.p. professional educational institutions (regulation of admissions into undergraduate .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD329; 2004(6)ALT649
..... modified by rules shall. apply to officers of the nursing services. to what extent all the provisions of the army act would apply to army nursing services depends on the fact situation. nonetheless, section 3 of the army act, 1950 is applicable. therefore, it is necessary to refer the expressions 'junior commissioned officer', 'non-commissioned officer', 'officer ..... ', 'superior officer', and 'warrant officer' as defined as under:3(xii) 'junior commissioned officer' means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular army ..... . in the considered opinion of this court the said clarification is in tune with the definition of 'officer' in clause (xviii) of section 3 of the army act.16. the petitioner contends that g.o. ms. no. 743, dated 30.4.1963 has no application to her case. the said .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003CriLJ3999
..... on 17-11-2002 and approached the respondents 2 and 3 for permission to meet the detenu, but he was not allowed to see him. under section 101(1) of the army act, 1950 ('the act' for brevity) it is the duty of the officer taking a person into military custody to inform the detenu of the grounds of arrest in writing ..... does not arise.8. in order to set at rest the issue in controversy, we would like to refer to section 101(1) of the army act, 1950 which reads as follows :101. custody of offenders :-- 1) any person subject to this act who is . charged with an offence may be taken in to military custody;2) any such person may be ..... arrest.2) where any person arrested shows symptoms of sickness, medical assistance shall be provided for such person. 12. section 50 of the army act, 1950 reads as follows :50. irregularity in connection with arrest or confinement.-- any person subject to this act who commits any of the following offences, that is to say,-- a) unnecessarily detain a person in arrest or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD553; 2007(4)ALT121
..... awarding rigorous imprisonment for three months in civil prison as arbitrary, illegal, unjust, violative of the mandatory provisions of the indian army act, 1950 and the army rules, 1954 and the principles of natural justice and consequently direct reinstatement of the detenu into army service with all consequential benefits.2. heard sri c.m.r. velu, learned counsel appearing for the petitioner, sri a. rajasekhar ..... counter-affidavit filed by the respondents herein, they have specifically stated that as against such summary court martial proceedings, the petitioner can avail alternative remedy under section 164 read with para 365 of regulations for the army (1987 edition) to the authorities superior in command to the reviewing authority i.e., general officer commanding, 54 infantry division in the present case. therefore .....
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