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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 26, which reads as under: (26) did at about 1340 hours on 02nd may 1989 strike then sub-lieutenant (now lieutenant) baljor singh jakhar (03184-k), indian navy of indian naval ship magar on the quarter deck when the ship was coming alongside south quay i berth in madras harbour, thereby committed an offence punishable under section 48(a) of navy act 1957. ..... doubtless a statute may exclude the element of mens rea, but it is a sound rule of construction adopted in england and also accepted in india to construe a statutory provision creating an offence in conformity with the common law rather than against it unless the statute expressly or by necessary implication excluded mens rea. ..... person entrusted (a) dishonestly misappropriating or converting that property to his own use; or (b) dishonestly using or disposing of that property or wilfully suffering any other person so to do in violation (i) of any direction of law prescribing the mode in which such trust is to be discharged, (ii) of any legal contract made, touching the discharge of such trust. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... he was thus a deserter as per section 49(2) of the navy act 1957 and not under section 41 (a) of the navy act as stated by the applicant. ..... he was rightly declared deserter and discharged under the provisions of law. ..... thus the applicant remained absent from duty from 23.4.1996 to 25.10.1999 and was declared a deserter under the provisions of law. ..... he was rightly discharged and the statutory appeal was also dismissed after due consideration. 11 ..... that he could not have been declared a deserter when he had himself reported for duty and the grounds on which his name was struck down from ins circar was illegal and contrary to the provisions of law. 5. ..... he was discharged from hospital and granted leave for 36 days from 8.3.1996 to 13.4. ..... of 2000 before the honble delhi high court for quashing and setting aside order dated 4.11.1999 (annexure p-10) by which he has been declared as deserter and discharged. ..... during his period of absence the navy authorities made several attempts to contact him but no reply was received from the applicant or his ..... 8.10.1999 he received a telegram to surrender at any navy / army/ air force / civil police station. ..... we have also seen navy order 13/90 under which, if a person remains absent for more than two years respondents were competent to proceed in such ..... his failure to report for duty after expiry of leave, action was initiated as per navy order 13/90. ..... relevant facts of the case in brief are that the applicant was enrolled in the indian navy as sa-i on 4.1.1991. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... contained in the foregoing provisions of this section, the tribunal shall have the power to- (a) substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court-martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of 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; or (b) if sentence is found to be excessive, illegal or unjust, the tribunal may- (i) remit the whole or any part of the sentence, with or without conditions; (ii) mitigate the punishment awarded; (ii) commute such punishment to any lesser punishment or punishments mentioned in 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 ..... (2) notwithstanding anything contained in sub-rule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the registrar of the bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application. 9. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... sub section 10 of section 97 of the navy act, 1957 reads as under; (10) subject to the provisions of sub-sections (7) to (9), officers of the indian navy shall be eligible to sit as members of a court-martial irrespective of the branch of the naval service to which they belong: provided that - (a) the majority of the members of the court-martial, including the president, shall be officers of the executive branch of the naval service, and (b) at trials for offences against sections 34, 35, 55 [55a, 55c] and 56, officers other than officers of the executive ..... for the petitioner strenuously urged before us that once a court martial has been constituted, it has to proceed as per the provisions of the navy act, 1957 and the president of the court martial has no power to dissolve the same and reconvene another court martial. ..... commenced then it can only be dissolved in any of these circumstances but in the present case court martial has been dissolved because of the majority of the executive members were fallen short as required under section 97 (10) (a) of the navy act, 1957 that the majority of the members of the court-martial including the president shall be the officers of the executive branch of the naval service. ..... pointed out that once the court martial is duly constituted then there is no provision in the navy act, 1957 to re-constitute another court martial for trying the petitioner. ..... the psychiatric specialist discharged him from hospital as fully normal as nad (nil abnormality .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... it is now contended that in view of the special provisions contained in the navy act, 1957, except for an error of jurisdiction or an order which per se would be perverse, this tribunal cannot interfere with the finding or orders passed by the court martial or the appropriate authority under the navy act. ..... the learned additional solicitor general on behalf of the respondents have urged that if sections 160 and 161 of the navy act and section 15 of the act are read together, the position would become clear that the jurisdiction of the tribunal under section 15 is confined to the aspects exercisable by the high court under article 226. ..... in order to appreciate this point, the provisions of sections 160 and 161 of the navy act may be quoted below: section 160 - judicial review by the judge advocate general of the navy (1) all proceedings of trials by court-martial or by disciplinary courts shall be reviewed by the judge advocate general of the navy either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the judge advocate general of the navy shall transmit the report .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... pecuniary advantage comprising rs.8,000/- (rupees eight thousand) for himself from mr vijay kumar singhal, proprietor of m/s computer stationery, mumbai whose firm was supplying computer related items to the indian navy through the said material organisation, at his office in the said material organisation, and thereby committed an offence under section 13(1)(d)(ii) of the prevention of corruption act, 1988 punishable under section 13(2) of the said act, read in conjunction with section 77(2) of the navy act, 1957. ..... when there is no provision under the navy act with regard to misjoinder, the provisions of the code of criminal procedure is ..... that a statute must be treated for all purposes of construction or obligation exactly as if they were in the act and are to be of the same effect as if contained in the act, and are to be judicially noticed for all purposes of construction and obligation; an action taken under the act or the rules made thereunder must conform to the provisions of the act and the rules which have conferred upon the appropriate authority the power to take an action. ..... martial failed to comply with the provisions of section 111(8) of the act which would go to the very root ..... convening the court martial is empowered to exempt any officer from attending as member of the court martial on the ground of sickness or urgent public duty in accordance with section 97(20) of the act and, therefore, there was no violation of any of the provisions of the act or the regulations. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... challenge in this appeal is against the order dated 6.9.2006, whereby the appellant was held guilty of the offences under sections 354, 509 of the indian penal code read in conjunction with navy act section 77(2) and navy act section 14 and sentenced to be (i) dismissed from service; (ii) reduced to ranks; and (iii) deprived of third, ..... action, wholly or in part, has arisen: provided that with the leave of the chairperson the application may be filed with the registrar of the principal bench and subject to the orders under section 14 or section 15 of the act, such application shall be heard and disposed of by the bench which has jurisdiction over the matter. ..... (2) notwithstanding anything contained in sub-rule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the registrar of the bench within whose jurisdiction such person is ordinarily residing at ..... , powers and authority in matters of appeal against court-martial:--(1) save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable under this act in relation to appeal against any order, decision, finding or sentence passed by a court-martial or any ..... appropriate to quote the relevant provisions contained in section 15 of the armed forces tribunal act 2007, which reads: 15 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 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. ..... he further submitted that in such type of cases notice as well as services can be dispensed within the navy act and the regulations. 17. ..... the navy vide their reply dated 30.05.2011 denied all the allegations and grievances raised by the applicant and for the first time gave its reason for discharging the applicant by saying that the applicant while in naval service was involved in activities where which undesirable and prejudicial to the national interest under regulation 279 of regulations in part iii. 10. ..... brief facts of oa no.267 of 2011 are that the applicant navtej singh was enrolled in the indian navy on 20.02.1996 and during his service he was posted to various naval establishments. ..... on 03.12.2010, on arrival at nizamuddin railway station, three civilians approached him and told him that they are from the navy and their co wants to see him and he was taken to chanakya bhawan. ..... as soon as the applicant entered chanakya bhawan, the three navy persons started beating him and blind folded him. ..... brief facts of the case are that the applicant was enrolled in the navy as a cook nmer on 19.05.1988. ..... daniel was an isi agent and the applicant used to give secret information about navy to mr. .....
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