Judgment Search Results Home > Cases Phrase: navy act 1957 section 17 provisions as to discharge Page 1 of about 2,389 results (0.087 seconds)

Gurumukh Singh and ors. Vs. Union of India (Uoi),

Court : Mumbai

Reported in : 2007(2)ALLMR95; 2007(1)BomCR893

..... under the provisions of the navy act, 1957, section 14, officers and sailors shall be liable to serve in the indian navy or the indian naval reserved force as the case may be, until they are duly discharged, dismissed, dismissed with disgrace, retired, permanently to ..... if the contention raised on behalf of the service commission and the state government that since the appellant has been discharged from the army at his own request, he cannot be treated as an ex-serviceman, is accepted then it will create a class within a class without rational basis and, therefore, becomes ..... in service are taken as one homogenous class and what is set out in the judgement in the case of r.p.yadav (supra) where the court has held that a sailor cannot as a matter of right, be entitled to be discharged from service or walk out from the period for which he is engaged, except after an order of the competent authority. ..... ceremonial conditions of service and miscellaneous regulations, 1963 there are several provisions for discharge of a sailor prior to expiry of engagement. ..... we come to the conclusion that regulation 82(a) is null and void, then the case of the sailors who are discharged at their own request, will have to be considered by the competent respondents in terms of regulations or rules that are ..... bench considered various provisions of the regulations and the nature of appointment and discharge from naval service ..... air2000sc2252 , where the provisions of the naval act and regulations were considered .....

Commander Vinod Kumar Jha Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... security of the country, therefore, instead of resorting to a regular inquiry the authorities thought it proper on the basis of the material made available that it will not be reasonable and practicable to hold such inquiry and they resort to provisions under section 15 of the navy act, 1957 read with regulation 216 of navy (discipline and miscellaneous provisions) regulations, 1965. ..... in the present case section 15 of the navy act, 1957 read with regulation 216 of navy (discipline and miscellaneous provisions) regulations, 1965, this power has been delegated to central government and chief of naval staff for subordinate officers. ..... in this connection, the section 15 of the act gives a power to the central government to dismiss or discharge or retire any naval officer or sailor from service, however, subject to the provisions of this act and regulation made there under. ..... learned counsel invited our attention to the section 15 of the act which reads as under:- 15(1) every officer and sailor shall hold office during the pleasure of the president 15(2) subject to the provisions of this act and the regulations made there under-, (a) the central government may dismiss or discharge or retire from the naval service any officer or sailor; (b) the chief of the naval staff or any prescribed officer may dismiss or discharge from the naval service any sailor. 15. .....

Ex-surgeon Commander Bhaskar Roy Vs. Union of India and ors.

Court : Mumbai

Reported in : 1998(1)MhLj220

..... ' this article clearly shows that by legislation, parliament can restrict or abrogate the fundamental rights under part iii in its application to army, navy and air force and section 4 of the navy act, 1957 says fundamental rights part iii are restricted and abrogated to the extent they are in conflict with provisions of the navy act. 6. ..... after the trial by court martial by the impugned order dated 29th november, 1995, he was found guilty under section 354, indian penal code and under sections 68, 77(2) and 74 of the navy act, 1957 and sentenced to undergo r.i. ..... established by the state for purposes of intelligence or counter intelligence; or (d) persons employed in, or in connection with the telecommunication systems set up for the purposes of any force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. ..... decision reads thus :'article 33 confers power on the parliament to determine to what extent any of the rights conferred by part iii shall, in their application to the members of the armed forces, be restricted or abrogated so as to ensure the proper discharge of duties and maintenance of discipline amongst them. .....

Lt. Rajender Singh Punia Vs. Chief of Naval Staff and anr.

Court : Andhra Pradesh

Reported in : 2007(5)ALD349; 2007(4)ALT421

..... this petition involves adjudication of the petitioner's challenge to order dated 28-7-1995 vide which he was discharged from naval service with effect from 10-8-1995 under section 15(2)(a) of the navy act, 1957 (for short, 'the act') read with regulation 216 of the regulations navy, part ii (statutory) (hereinafter referred to as 'the regulations').the facts:(1) while the petitioner was posted as lieutenant in fleet mail office, ins arnala, lieutenant k.l ..... the sake of convenient reference, these provisions are extracted below:section 15 of the navy act, 195715. ..... the next question which merits consideration is whether the petitioner's discharge is ultra vires the provisions of section 15(2)(a) of the act read with regulation 216 of the regulations or is vitiated due to violation of the rules of natural ..... to rule 14 and held:though it is open to the central government or the chief of the army staff to have recourse to that rule in the first instance without directing trial by a court-martial of the concerned officer, there is no provision in the army act or in rule 14 or any of the other rules of the army rules which prohibits the central government or the chief of the army staff from resorting in such a case to rule 14. ..... the above analysis of the relevant statutory provisions shows that the discharge of an officer in terms of section 15(2)(a) need not be preceded by a regular departmental enquiry, which is usually held before terminating the services of a civil servant by way of .....

Onkar Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2002(2)BomCR247

..... the terms and conditions of service of sailors such as petitioners are governed by the navy (ceremonial conditions of service and miscellaneous provision) regulations, 1963, hereinafter referred to as the 'regulations' which were framed under section 184 of the navy act, 1957, hereinafter referred to as the act. ..... thus section 16 of the act provides: discharge on expiry of engagement- subject to the provisions section 18, a sailor shall be entitled to be discharged at the expiration of the term of service for which he is engaged unless--- (a) .... ..... as noticed earlier in section 16 of the act a provision is made that a sailor shall be entitled to be discharged at the expiration of the terms of service for which he is engaged. ..... the petitioners pointed out the submissions made in the petition as well as the prayer clauses and specifically pointed out that at the time of admission of the petitions, the petitioners have requested the respondents not to discharge them at the end of january 1990 but to permit them to continue in service till they fulfil the qualifying period of service for pension. ..... in that case the petitioners had approached this court seeking to quash and set aside the order discharging them from service and to continue the petitioners in service for one year or for the necessary period to complete the minimum qualifying service period of 15 years for the payment of pensionary and death cum gratuity .....

Ex Navy Direct Entry Artificers Association and Others Vs. the Union o ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... he further brought out that vide sections 19a and 19b of the navy act, 1957 provisions still exist for indian naval reserve force and hence practice of keeping sailors in fleet reserve on completion of their engagement is very much in force. ..... he further submitted that under section 14 of the navy act, sailors shall be liable to serve the indian navy or the indian naval reserve forces, as the case may be, until they are duly discharged, dismissed with disgrace, retired, permitted to resign, or released. ..... provisions as to discharge:-- (4) every sailor who is dismissed, discharged, retired, permitted to resign or released from service shall be furnished by the prescribed officer with a certificate in the language which is the mother tongue of such sailor and also in the english language setting forth (a) the authority terminating his service; (b) the cause for such termination; and (c) the full period of his service in the indian navy and the indian naval reserve forces. ..... (2) a reservist who is not in receipt of a service pension and whose qualifying service is less than the period of engagement but not less than fifteen years may, on completion of the period of engagement or on earlier discharge from the reserve otherwise than at his own request, be granted a reservist pension at rupees ten per mensem or a gratuity of rupees seven hundred and fifty in lieu of pension.? 18. .....

P.D. Yadav Vs. Union of India

Court : Delhi

Reported in : 1997IIAD(Delhi)901; 66(1997)DLT832; 1997(41)DRJ172

..... (18) we, thereforee, hold that provisions of regulation 15(2) of the navy pension rules 1964 are not ultra virus of the provisions of sections 81, 82, 47 or 27 of the navy act, 1957 and also that where the court martial has imposed a punishment (like dismissal) which does not entail forfeiture of pensionary benefits, it is still open to the competent authority under regulation 15(2) to forfeit a part or whole of the pensionary benefits by following the due procedure and acting in pursuance of regulations 4 and 5 ..... points 1 and 2 before we go into the legal issues involved, it is necessary to set out the provisions of sections 81(l),(c),(e),(k) and (m) of the navy act, 1957 and sections 82(2), (3), (4), (6), (12), (16), (17), (21), section 49(2) and section 27 are also relevant. ..... a reading of the provisions of the navy act, 1957 reveals the following. ..... we shall also now quote regulations 4,5,15(1) and (2) of the pension regulations, 1964 issued under section 184 of the navy act, 1957. ..... whether the provisions of regulation 15(2) of the navy regulations is ultra virus of sections 81, 82, 47, 27 of the navy act. 2 ..... he was charge-sheeted in january 1990 and tried by a general court martial on 5 charges under sections 43, 47 and 48 of the navy act, found guilty of the 2nd, 3rd, 4th and 5th charges and given a sentence of dismissal on ..... the points in these two writ petitions before us arise under the navy act,1957, we are delivering a separate judgment. ..... 15 officers dismissed, discharged etc. .....

Bhm (Now Ex Hav) Nirmal Singh Versus Union of India, Through Its Secre ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... and penal deductions; (iii) summary disposal and trials where the punishment of dismissal is awarded; (iv) any other matter, whatsoever, but shall not include matters relating to--- (i) orders issued under section 18 of the army act, 1950 (46 of 1950), sub section (1) of section 15 of the navy act, 1957 (62 of 1957) and section 18 of the air force act, 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the army ..... the provisions of section 3(o)(iii) do not give room for interpreting section 3(p) as a substantive law ..... from the facts of this case, it is clear that the petitioner was discharged from service after completion of the fixed tenure and it was fairly conceded that the order of severe reprimand would come in the way of promotion ..... it would not in any way come in the way of specific provision contained in section 3(o)(iii). ..... saw pipes ltd (2003 (5) scc 705), which held that the jurisdiction or the power of arbitral tribunal is prescribed under the act and if the award is dehors the said provisions, it would be on the face of it, illegal. ..... preliminary objection has been raised by counsel for the respondents that the petition for setting aside the order of reprimand in the scm proceedings cannot be considered in view of the provision contained in section 3(o) of the armed forces tribunal act, 2007 (the act, for brevity), which reads: 3. .....

Sadashiv Gajanana Bhat Vs. Union of India Through the Secretary, Gover ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... as per section 2 of the armed forces tribunal act 2007, the provisions of the armed forces tribunal 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) and this act shall also apply to retired personnel 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), including their dependants, heirs and successors, in so far as it relates to their ..... has jurisdiction to decide the cases which are governed by the army act, 1950(46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950) alone. 7. ..... as such offices, and enrolled persons of the said army when called out 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-section91) of section 9 of the territorial army act, 1948 (56 of 1948); (f) persons holding commissions in the army in indian reserve of officers, when ordered on any duty or service for which they are liable as members of such reserve forces; (g) ..... (2) every person subject to this act under clauses (a) to [(g)] of sub-section (1) shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the ..... know whether this tribunal has got jurisdiction to entertain the application of the applicant, who is only a cadet of ota on the date of his discharge? .....

Karnataka Bank Ltd. Vs. Smt. Sunita B. Vatsaraj

Court : Mumbai

Reported in : 2008(1)BomCR891; (2007)109BOMLR1210; [2007(115)FLR217]

..... (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed mainly in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages ..... , collect interest and dividends, pledge, mortgage and dispose of government securities, make, draw, sign and endorse cheques, hundies and bills of exchanges, to demand, collect, receive and give discharge in the name and on behalf of the bank for all debts, advanced and claims due to the bank, appear before the registrar general or any district or sub-district registrar of assurances. ..... industry to do any manual, unskilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person. ..... act, keeping in mind the distinction has made separate provisions for person performing managerial and/or administrative functions on the one hand and mere supervisory functions on the other as can be seen from section 2(s) of the act .....