Uttaranchal Court February 2010 Judgments
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Sobat Singh Vs. District Judge and ors.
Court: Uttaranchal
Decided on: Feb-08-2010
J.S. Khehar, C.J.1. Through the instant special appeal learned Counsel for the appellant has assailed the order passed by the learned Single Judge dated 7.12.2009 disposing of Writ Petition (S/S) No. 641 of 2008.2. Through the aforesaid writ petition the appellant had assailed the order passed on 25.05.1993 whereby his services had been dispensed with. The aforesaid order was considered to have been justifiably passed by the learned Single Judge under Rule 3 of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975.3. During the course of the hearing today learned Counsel for the appellant assailed the decision rendered by the learned Single Judge by placing express reliance on Rule 14 of the U.P. Subordinate Civil Courts Inferior Establishment Rules, 1955. Rule 14 aforementioned is being extracted hereunder.Probation confirmation etc. - Every person on appointment to promotion to a post in the establishment in a substantive vacancy, shall be placed on probation fo...
Nandan Singh Rawat Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: Feb-08-2010
1. Aggrieved with an order passed on the culmination of a Summary Court Martial dated 12.5.1998, the petitioner filed Civil Misc. Writ Petition No. 32338 of 2000 in the High Court at Allahabad. The aforesaid writ petition was transferred to the Uttarakhand High Court under Section 35 of the U.P. Reorganisation Act, 2000. In this Court, the writ petition filed by the petitioner was renumbered as Writ Petition (S/B) No. 125 of 2007. After the promulgation of the Armed Forces Tribunal Act, 2007, a petition assailing the proceedings of a Summary Court Martial and order passed thereupon would only lie to the Armed Forces Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007. Section 15 is being extracted hereunder:15. Jurisdiction, powers and authority in matters of appeal against court martial.-(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on an from the appointed day, all the jurisdiction, powers and authority exercisable under this Act in r...
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