Court : Armed forces Tribunal AFT Regional Bench Chennai
..... (c) border skirmishes (d) during laying or clearance of mines including enemy mines as also minesweeping operation. (e) on account of accidental explosions of mines while laying operationally oriented mine-field or lifting or negotiating minefield laid by enemy or own forces in operational areas near international borders or ..... the line of control. (f) war like situations, including cases which are attributable to/aggravated by:- (i) extremist acts, exploding mines etc. while on way to an operational area. (ii) battle inoculation training exercises or demonstration with live ammunition. (iii) kidnapping by extremists ..... electrocution while on duty, etc. (v) accidents during participation in organized sports events/adventure activities/expeditions/training. category d death or disability due to acts of violence/attack by terrorists, anti social elements, etc. whether on duty other than operational duty or even when not on duty. bomb blasts in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... abroad (c) border skirmishes (d) during laying or clearance of mines including enemy mines as also minesweeping operations. (e) on account of accidental explosions of mines while laying operationally oriented minefield or negotiating minefield laid by the enemy or own forces in operational areas near international borders or the line ..... of control. (f) war like situations, including cases which are attributable to/aggravated by: (i) extremists acts, exploding mines etc., while on way to an operational area (ii) battle inoculation training exercises or demonstration with life ammunition. (iii) kidnapping by extremists ..... while on duty, etc (v) accidents during participation in organized sports events/adventure activities/ expeditions/training. category d: death or disability due to acts of violence/attack by terrorist, antisocial elements, etc whether on duty other than operational duty or even when not on duty. bomb blasts in public .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... (c) border skirmishes. (d) during laying or clearance of mines including enemy mines as also minesweeping operations. (e) on account of accidental explosions of mines while laying operationally oriented mine-filed or negotiating minefield laid by the enemy or own forces in operational areas near international borders or the ..... line of control. (f) war like situations, including cases which are attributable to/aggravated by- (i) extremist acts, exploding mines etc, while on way to an operational area. (ii) battle inoculation training exercises or demonstration with live ammunition. (iii) kidnapping by extremists ..... electrocution while on duty, etc (v) accidents during participation in organised sports events/adventure activities/expeditions/training. category d death or disability due to acts of violence/attack by terrorist, antisocial elements, etc whether on duty other than operational duty or even when not on duty. bomb blasts in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... applicant believed that the written counselling given by 6th respondent had no impact over his icr and therefore, he desisted from giving complaint against the counselling under section 27 of the army act. in the meantime, the extract of his acr for the period commencing from 14.11.2007 to 31.5.2008 written by the new io in the ..... been conveyed to the applicant although it was constantly operating against him. the impact of counselling dated 4.9.2007 held by the 6th respondent for the alleged act of leaving the battalion without clearance from the officiating commander stated that the applicant was unbecoming of an officer of his rank and service and the above incident reflected ..... case of the applicant that there was an incident on 21.8.2007 in which he proceeded as per the direction of army hq to attend the training to act as the announcer after getting a movement order from the incharge officer, since the commanding officer was on temporary duty and it was mistaken that the applicant had .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... action. the respondents 1 to 5 have illegally stopped the salary of the applicant from the month of february, 1993, which is an offence under the army act section-61. the respondents proceeded with the inquiry in an illegal and arbitrary manner without giving any opportunity to the applicant and her witnesses. the proceedings were in ..... with any salary. the applicant had scant regards to army discipline and, therefore, she absented herself without any sufficient cause. any person subject to army act and as per section-90a, the applicant cannot get pay and allowances for the period spent on desertion. she was also absent at military hospital, secunderabad, for the periods ..... 2 to 5 on 15th, 16thand 17th march, 1993. thus they have committed offences along with 6th respondent under i.p.c., under army act sections 317 to 319 and the official secrets act, 1923. on her complaint to general officer commanding (goc), madras, about the crimes against women, a staff court of inquiry was ordered by .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... serve in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit vide section 7 of the reserve and auxiliary air force act, 1952. (c) in the case of airmen who are discharged before the expiry of their regular engagement, the period of the unexpired portion ..... outlined in the above quoted order of the principal bench aft, period of reserve service needs to be taken into reckoning for making him eligible for pension under section 136(a) of the pension regulations for air force 1961. the amount paid as gratuity would be liable to be recovered from or adjusted in the pension payable ..... 353987 as mentioned in the o.a. the original service records in respect of the petitioner had been destroyed after the stipulated period of 25 years in accordance with section 6, chapter xviii of regulation 1026 of regulations for the air force. important details are retained in the form of long roll which the respondents produced and according .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... position of the trade at the end of nine years. the reserve liability and reserve service are governed by reserve and auxiliary air force act 1952. sub-section 1, clause (a) of section 5 of the said act would show that the competent authority may by general or special order, transfer any airmen to serve in any air force reserve under its ..... serve in the regular air force reserve for such further period or periods not exceeding in the aggregate five years as it may think fit vide section 7 of the reserve and auxiliary air forces act, rules 1953. 13. retention after completion of regular service- (a) if at the time he becomes entitled to be discharged, a state of war ..... serve in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit, vide section 7 of the reserve and auxiliary air force act, 1952. (c) in the case of airmen who are discharged before the expiry of their regular engagement, the period of the unexpired portion of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... in the regular air force reserve for such further period of periods not exceeding in the aggregate five years as it may think fit vide section 7 of the reserve and auxiliary air forces act rules 1953. 12. retention after completion of regular service-(a) if at the time he becomes entitled to be discharged, a state ..... in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit, vide section 7 of the reserve and auxiliary air force act, 1952. (c) in the case of airmen who are discharged before the expiry of their regular engagement, the period of the unexpired portion ..... respondents in the reply statement would be as follows:- the service documents of the applicant were destroyed after the stipulated retention period of 25 years, in accordance with section 6, chapter xviii of regulation 1026 of regulations for the air force. before destruction of the original documents, important details such as service and other particulars of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... the 4th respondent and the 4th respondent cannot be compelled by any forum to exercise such choice in view of the circumstances stated. according to section-60 (1) cpc and section-28 of army act, 1950, the pay and allowances cannot be attached. the documents produced by the 4th respondent would disprove the case of the applicant. therefore, ..... allowance at 33% per month and for endorsement of her name for family pension without following the remedy available to her within the department. as per section-11 of the pension act, 1871, and regulation 59 of pensions regulations for the army, 1961 (part i) and para 28 of army order 1950, pay and allowances and ..... has to look into the matter as to whether the respondents 1 to 3 have exercised the jurisdiction conferred upon them correctly. the provisions of section-91(i) of the army act, would empower the respondents to deduct the maintenance sum as required by the central government or prescribed officer towards the maintenance of his wife or .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... destroyed cannot be acceptable. the petitioner would argue that there have been grave violations such as pre-trial custody not being set off which is violative of army act section 169-a, non-compliance of supreme courts order, not passing any order on the post-confirmation petition and illegally destroying the records in spite of periodic representations ..... state that the petitioner was posted to 14 engineer regiment when he was tried by a general court martial on 28th november 1989 for an offence under army act section 37(b), i.e., collective insubordination and awarded the punishment of four years rigorous imprisonment and was dismissed from service. they would go on to say that ..... are inclined to rely only on the statement made by the petitioner in his post-confirmation petition. as regards the issue of pre-trial custody, the army act section 169-a states, 169 a. period of custody undergone by the officer or person to be set off against the imprisonment:-- when a person or officer subject .....
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