Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... section 48 (c) of the navy act, 1957 clearly says that every person subject to naval law who behaves in a disorderly manner shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter ..... therefore, respondents recalled the convening of the court martial and issued a fresh convening order of court martial on 06.03.2009 which was informed to the petitioner vide notice of trial to the accused dated 13.03.2009 regarding reconvening of a court martial whereby he was called for trial to be held on shore at naval baracks, mumbai at 1000 hrs on tuesday, the 17th day of mar 09. ..... to dissolution of courts-martial (1) a court-martial assembled under this act shall be dissolved- (a) when the number of members comprising the court is after the commencement of a trial reduced below four; (b) by the prolonged illness of the president, trial judge advocate or the accused; (c) by the death of the president or the trial judge advocate; (d) on the making of a report under sub-section (2) of section 143. ..... however sub section (2) says that whenever a court martial is dissolved by virtue of sub-section (1) the accused may be retried ..... number of members comprising of court is after the commencement of a trial reduces to below four or that by the prolonged illness of the president, trial judge advocate or the accused, by the death of the president or the trial judge advocate or on the making of a report under sub section (2) of section 143 i.e. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 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 of such ..... 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. ..... 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. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 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. ..... syndicate bank, dhaula kuan, new delhi, which is disproportionate to his known source of income namely salary, for which could not satisfactorily account, and thereby committed an offence under section 13(1)(e) 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. ..... that in judging a question of prejudice, as of guilt, the court must look to the substance of the matter and not to technicalities, and its main concern should be to see whether the accused had a fair trial, whether he knew what he was being tried for, whether the main facts sought to be established against him were explained to him fairly and clearly and whether he was given ..... respondents contending that in navy, every person is on the books of a ship or a commissioned establishment, as defined in navy act sections 3(21) and 12(a). ..... shall be relevant to mention that section 78 of the act permits joinder of charges, even if it had .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... in the name of commanding officer, indian naval ship magar for payment to air force naval housing board, new delhi towards a flat booked by him for his personal use, thereby committed an offence punishable under section 403 of indian penal code read in conjunction with section 77(2) of the navy act 1957. ..... 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. ..... (rupees thirteen thousand only) being the sale proceeds of 1691 kilograms of victualling stores comprising of rice, milk powder, coffee, tea leaves, milk tinned, sugar and dal, thereby committed an offence punishable under section 403 of indian penal code read in conjunction with section 77(2) of navy act 1957. ..... criminal breach of trust, it is essential that it must be shown that the accused has been entrusted with the property or the dominion over the property. ..... section 405 of the indian penal code defines the offence of criminal breach of trust , the essential condition of which is that the accused being, in any manner, entrusted with property or with dominion over the property, dishonestly or fraudulently misappropriates it for his own or dishonestly uses or disposed of it in violation of any law prescribing the mode in which such trust is .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... learned counsel also invited our attention to the definition of the section 3 (22) of the navy act, 1957 which says that subject to naval law means liable to be arrested and tried under this act for any offence and it also referred to section 85 of the navy act, 1957 which says that the person who is arrested shall be produced within 48 hours before the commanding officer or the prescribed authority. ..... 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. ..... this regulation has been framed in exercise of power under section 184 of the navy act, 1957 by the central government and regulation 197 contemplates board of inquiry which reads as under: a board of enquiry may be convened by the chief of the naval staff or any administrative authority, or when two or more ships are in company, by ..... 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 ..... accordingly, the petitioner was dismissed from service in exercise of its powers of section 15 of the navy act, 1957 read with regulation 216. .....
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. ..... 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 matters. ..... during his period of absence the navy authorities made several attempts to contact him but no reply was received from the applicant or his relatives. ..... on 8.10.1999 he received a telegram to surrender at any navy / army/ air force / civil police station. ..... on his failure to report for duty after expiry of leave, action was initiated as per navy order 13/90. ..... the 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
..... 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, second and first good conduct ..... (3) the tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary: provided that no accused person shall be so released if there appears reasonable ground for believing that he has been guilty of an offence punishable with death or imprisonment for ..... a direction is issued by a court/tribunal to consider or deal with the representation, usually the directee (person directed) examines the matter on merits, being under the impression that failure to do so may amount to disobedience ..... (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 ..... (2) any person aggrieved by an order, decision, finding or sentence passed by a court-martial may prefer an appeal in such form, manner and within such time as may be .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... on the subject is regulation 216 which reads as under: (1) when it is proposed to terminate the service of an officer under section 15 on account of misconduct, he shall be given an opportunity to show cause in the manner specified in sub-regulation (2) against ..... under the similar circumstances, the petitioner was blamed and found involved in supplying prohibited material to undesired persons and where the applicant was not given a show cause notice and discharged, the honble tribunal had maintained that the respondents were within their rights to invoke provisions of section 15 of the naval act. ..... in such type of cases notice as well as services can be dispensed within the navy act and the regulations. 17. ..... the applicant entered chanakya bhawan, the three navy persons started beating him and blind folded him ..... 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. ..... 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. ..... case are that the applicant was enrolled in the navy as a cook nmer on 19.05.1988. ..... 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 ..... agent and the applicant used to give secret information about navy to mr. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... act reads as under:- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to provide for appeals arising out of orders, findings or sentences of courts-martial held under the said acts ..... jurisdiction as under: (i) notification dated 21st october, 2009 (published in extraordinary gazette of india, part-ii-vol.iv) : s.r.o.14(e)-in exercise of the powers conferred by sub-section (4) of section 5 of the armed forces tribunal act, 2007 (55 of 2007), the central government notifies the bench of the armed forces tribunal at chennai with effect from 26th day of october, 2009, which ..... the tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary: provided that no accused person shall be so released if there appears reasonable ground for ..... 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 may be; (c) enhance the sentence awarded by a court-martial: provided that no such sentence shall be enhanced unless the appellant .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... (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 acct, 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 act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950). ..... the context otherwise requires,-- (o) service matters, in relation to the 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), mean all matters relating to the conditions of their service and shall include- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure, including commission, appointment, enrolment ..... into consideration the provisions as contained in section 14 of the act and then the position would be clear. ..... three bottles of liquor charges of abetment for the alleged offence are not sustainable since the principal accused has not been charged for the said alleged offence. ..... government and dated 12th february 1986 passed by the general officer commanding, 14 infantry division, whereby the petitioner was held guilty for the offence punishable under section 63 of the army act and sentenced him to severe reprimand. 2. .....
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