Court : Armed forces Tribunal AFT Regional Bench Kolkata
Sadhan Kumar Gupta, Member (Judicial) 1. This original application has been preferred by the applicant praying for setting aside the order dt. 5.10.2004 passed by the respondent No. 3 in connection with the summary court martial proceedings, awarding sentence of dismissal of the applicant from the service. 2. The case of the applicant is that he was appointed as Radio Operator in the Army and in connection with the said job, he was posted at various places and was discharging his duties to the satisfaction of his superior officers. In the month of March 2000, the applicant joined in the post of Lance Naik (Radio Operator) at Panagarh, West Bengal. While he was posted as such, in the month of September 2004, a proceeding of summary court martial was initiated against him pursuant to the report dt. 30-31/8/2004, as submitted at the Station Workshop, Panagarh by one minor boy, viz. Master N. Praveen son of Shri M.M.Umapathi. 3. Pursuant to the said complaint, statements of the victim and ...
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LT GEN K P D Samanta, Member (Administrative): 1. The petitioner, Bikas Krushna Mohanti is a retired Major General from the Army Medical Corps. He was posted as Senior Registrar of Command Hospital, Eastern Command (for short CHEC) with effect from January, 2000 in the rank of Colonel. He subsequently, was promoted to the rank of Brigadier and then to Major General and was awarded Ati Vishisht Seva Medal. He retired on 30th September, 2006 in the rank of Major General. 2. During his tenure in the Command Hospital CHEC, the petitioner was proceeded against through a court of inquiry for causing irregular investment with one Mr. Vinod Juthani of M/s Ridhi-Sidhi Consultant, from Regimental Fund accounts of CHEC pertaining to the period from January 1999 to June 2003. It was an action contrary to the instructions contained in Paragraph 829 of Regulations of Army, 1987 and other relevant instructions (Annexure 1 of the Writ petition). The petitioner along with others was proportionately bla...
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SadhanKumar Gupta, MEMBER (Judicial) Initially, the writ petition was filed before the Honble High Court at Calcutta. Thereafter, due to the advent of the Armed Forces Tribunal Act, 2007, the said writ petition was transferred to this Bench by the order of the Ld. Single Judge of the High court and it was re-numbered as TA 77 of 2010. 2. The facts, as stated in the application, are that the applicant was enrolled in the military service on 18.2.2003. While he was under training, he was admitted to Military Hospital, Kamptee, Allahabad on 1.5.2003 for Acute and Transient Psychotic Disorder and from the said hospital he was transferred to Command Hospital at Pune for further treatment. From 6.5.2003 to 27.10.2003, the applicant was receiving treatment in the said hospital for his disease and ultimately, he was placed before the Medical Board, which was held at the said Command Hospital, Pune. As per recommendation of the Medical Board, he was released from military service on the ground ...
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LT GEN K P D SAMANTA, MEMBER (ADMINISTRATIVE): 1. The petitioner, Pravat Kumar Saha, was enrolled in the Army Air Defence Corps of the Indian Army on 11 March 2005 and reported for training to Army Air Defence (AAD) centre at Nashik (Maharashtra). He was absent without leave on two occasions during training; once for eight days and second time for 83 days while undergoing advance training phase. He was summarily punished on each occasion by the Commanding Officer for the said offence under Section 39 (a) of the Army Act. In the process he was absent from advance training for 91 days. In accordance with a policy of the Army Headquarter, he was discharged from service on 4th March 2006 for being absent from training for more than 30 days consecutively. The petitioner represented against such discharge order before the higher authorities including a petition from his father to the Defence Minister, but such representations were rejected and the authorities maintained that the discharge wa...
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SadhanKumar Gupta, MEMBER (Judicial) 1. Initially, the writ petition was filed before the Honble Orissa High Court by the applicant. It was subsequently transferred to this Tribunal, as per provisions of the Armed Forces Tribunal Act, 2007 and re-numbered as TA 194 of 2010. 2. The case of the applicant is that he entered into the military service on 7.3.87 and was discharging his duties with honesty, dignity and devotion. Due to the serious illness of the mother of the applicant, she was advised for operation and for that reason, the applicant came to his native place on 16.12.93 on leave. However, as the condition of his mother deteriorated, so, he could not join his duty in time. For that reason, the period for which he over-stayed, was treated as absence without leave. On 3.2.94, the applicant returned back to his place of posting, when he was directed to remain in military custody. A court of enquiry was held and thereafter, summary of evidence was recorded. On the basis of such su...
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LT GEN K P D SAMANTA, MEMBER (ADMINISTRATIVE): 1. The petitioner, Rakesh Kumar Ghosh was enrolled at ASC (Army Service Corps Centre, Gaya on 19 April 2002 after going through the due process of preliminary general medical examination as is done for all recruits. He was subjected to a second medical examination at Military Hospital, Gaya on 8th May 2002. There it was detected that he had a deformity diagnosed as, CubitusValgus-Bilateral, which, as per medical standards for enrolment, was a rejection criteria. He was referred to Command Hospital Lucknow, where he was declared unfit for ibid deformity that was labelled constitutional and beyond acceptable limit; thus discharged on medical grounds. Aggrieved with such decision that robbed him of his livelihood, he represented before the military authorities pleading for review, but not agreed by the authorities. He then approached the Honble Calcutta High Court by filing a writ petition (WP No. 19405 of 2003) that was later transferred to ...
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LT GEN K P D Samanta, Member (Administrative): 1. The petitioner, Ex-Sepoy, Nagendranath Mondal was enrolled in the RAJPUT REGIMENT of the Indian Army on 22nd October, 1969. He took part in 1971 war at the Western Theatre, where he was wounded with a bullet injury. The bullet was lodged in the left side of his chest. He was treated in a military hospital and finally retired on completion of his normal terms of engagement having completed 15 years of active service on 1st Nov, 1984. He was in receipt of his normal entitled service pension. While he was released from Army, his Release Medical Board awarded him disability pension @ 30% of his disablement on account of gunshot wound on left chest. Such disability pension of 30% was awarded for 2 years. These are the facts that have been mentioned in the writ petition, not contested in any manner by the respondents in their Affidavit-in-Opposition (in short the A/O). In fact, it has been further clarified by the respondents in ibid A/O that...
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Lt. Gen. K.P.D. Samanta, Member (Administrative) 1. The petitioner, Abhijit Jana, was enrolled in the Indian Army, in the Mechanized Infantry Regiment, Ahmednagar, on 24th March 2001 and was discharged on 7th January 2006 on medical grounds after due recommendation of an Invalidation Medical Board. His discharge was under Army Rule 13(2) (iii). 2. The petitioner was suffering from a neurotic disorder diagnosed as 'Left Frontopaarietal Parafalcine Cavernous Hameangiomai, (OPTD) (clotting of blood at left side of brain), for which he was operated upon on 02 April 2002 as per medical records. He did not improve from this disease and had to be finally discharged from service. During his period of service that was little over five years, he was mostly in hospital for treatment or on sick leave to recuperate on account of his illness. The details of his service, as mentioned in Paragraph h 4(ii) of the affidavit-in-opposition, indicate that soon after his enrolment in March 2001, he remained...
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SadhanKumar Gupta, MEMBER (Judicial) 1. This original application has been preferred against the order of maintenance, as passed against the applicant on 4.5.2010 by the respondent No. 1. 2. The case of the applicant is that he married the respondent No. 6, Mrs. Mona Singh Tomar on 22.6.2002. Out of the said wedlock, a male child was born on 23.5.2004. But unfortunately, the said child was suffering from Global Developmental Delay, which needs regular medical treatment. While the respondent No. 6 was staying with the applicant, marital dispute arose due to various family problems. Ultimately, the respondent No. 6/wife left the matrimonial house and started staying with her parents at Mohali, Chandigarh. The applicant tried to persuade the respondent No. 6 to stay in his house but failed. It is the specific case of the applicant that his wife intentionally and without any just excuse, preferred to leave the matrimonial house and is staying with her parents with the child. 3. Subsequentl...
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SadhanKumar Gupta, MEMBER (Judicial) 1. Initially, the applicant filed the writ petition before the Honble High Court at Calcutta praying for grant of medical disablement pension and other reliefs. Subsequently, the said writ petition was transferred to this Tribunal in view of the provisions of Armed Forces Tribunal Act, 2007. 2. In brief, the case of the applicant is that he was enrolled in the Indian Army as a Sepoy on 29.1.1998. He was posted in the State of Jammu and Kashmir. During his tenure of service, on 8.2.2003, the applicant became sick and was admitted in 92 Base Hospital at Srinagar, as he was suffering from Moderate Depressive Episode (IMB). He was discharged from the Base Hospital on 4.3.2003 and was sent back to his residence. Subsequently, the respondent No. 6 by the notice dated 8.9.2003 informed the applicant that a sum of Rs. 23,568/- would be remitted in favour of the applicant as post-discharge claim. The said amount was received by the applicant. The discharge c...
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