Court : Armed forces Tribunal AFT Regional Bench Kolkata
LT Gen K. P. D. Samanta, Member (Administrative) 1. Subhash Chandra Hajra, an ex Subedar from the Corps of Signals of the Indian Army, filed a writ petition ( WP 8694 (W)/1996) at Honble Calcutta High Court on 26 June 1996, which was later transferred to this Tribunal (TA 26/2010) on 17 May 2010. The Petitioner was enrolled in the Army on 06 January 1966 as a Sepoy (Clerk) in the Corps of Signals. After successful training he, in his Petition, has recounted record of his meritorious service including war service during 1971 War. After being promoted to the rank of Naik in 1976, he was posted to the Records office of the Corps of Signals at Jabalpur in July 1976. 2. The Petitioner, while with Signals Records in 1976, was denied timely opportunity to attend and clear a promotion cadre, mandatory for promotion to Havildar (N Cadre), that gave rise to his first grievance as submitted in Paragraph 6 of his main Petition. Herein it is stated that though theN Cadre was conducted in July-Aug...
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The application filed under section 22 of the Armed Forces Tribunal Act (hereinafter called the Act) praying for condonation of delay, as well as the objection filed against it are taken up today for passing order . In the application under section 22 of the Act the applicant has stated that consequent to a Court Martial Proceeding, that was initiated against him, he was found guilty and the sentence of reduction in rank as well as dismissal from service was passed on 8.8.2001. The mercy petition, as was filed by the applicant, was also rejected. Thereafter the applicant filed a writ petition in the year 2002 before the Andhra Pradesh High Court at Hyderabad. However, since that court had no jurisdiction, the petitioner withdrew the said writ petition. This order was passed on 25th August 2003 and it was communicated to the petitioner through his Advocate at Hyderabad. The applicant filed an application praying for clarification of the said order from the Andhra Pradesh High Court who...
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SADHAN KUMAR GUPTA, MEMBER (JUDICIAL) 1. Initially writ petition no. 30411 (w) of 2008 was filed before the Honble High Court at Calcutta. Subsequently by the order dated 7. 1. 2010 passed by the learned Single Judge of the said High Court, the writ petition was transferred to this Tribunal as per provision of the Armed Forces Tribunal 2007 Act and same was taken into the file of this Tribunal and renumbered as T. A no. 16 of 2010 2. This case pertains to the appeal filed by ex L/NK ( Time Scale ) Ratan Kumar Dhauria of 613 Transport Company (ASC) attached to 5/4 Gorkha Rifles for quashing the proceedings and finding of the Summary Court Martial against him. The petitioner was detailed to drive the vehicle for the official conveyance of Lt. Colonel J. Sanjeev and Lt. Colonel Kandwal of APS Branch. As per the petitioner Lt Colonel J. Sanjeev often used to direct the petitioner to do jobs outside his official duty. He was compelled to drop unidentified and unknown ladies to different p...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
AS PER HONBLE LT GEN MADAN GOPAL, MEMBER (ADMINISTRATIVE) 1. This case pertains to an appeal filed by the applicant for quashing the punishment meted out to the applicant by a Summary Court Martial (SCM). The applicant ex Naik (Nk) Rabindra Kumar Shaw was tried by a SCM and awarded the punishment of reduced to ranks and dismissal from service. The applicant has prayed that the proceedings of the SCM be overruled and he be re-instated in service. 2. Details of the case are covered in the succeeding paragraphs. 3. Nk Rabindra Kumar Shaw, enrolled in the Army on 27th July 2000 in the Corps of Signals. In his period of service, he was posted in several stations and also had attained the rank of Nk. At the time of the incident leading to the SCM, he was posted with 9 Corps Air Support Signal Unit (CASSU); located somewhere in Himachal Pradesh. 4. The applicant in the justification of his plea (prayer) that on 30th July 2009 and on 03rd August 2009 when the incidents took place i.e., he ...
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SADHAN KUMAR GUPTA, MEMBER (JUDICIAL) 1. The petitioner filed the writ petition no. 9693 (w) of 2009 before the Honble High Court at Calcutta. Subsequently due to establishment of this Tribunal the writ petition was transferred to this Bench and was renumbered as T A no. 4 of 2010. 2. In the petition it is claimed by the petitioner that he joined Indian Army as a Commissioned Officer in 1983. Subsequently he was posted as Commanding Officer of 28D Regiment in June 2004. Said Regiment was situated at Srinagar and the petitioner was in charge of the same being the Commanding Officer. On 22nd August 2006 the petitioner was served with a Memorandum of Charges and he was informed that on the basis of the said charges a General Court Martial was constituted and accordingly he had to face the said proceeding. He was placed on close arrest from August 29, 2006. 3. Said Court Martial Proceeding commenced on and from August 9, 2006 and it was completed on December 17, 2006. The Court Martial ...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
AS PER HONBLE LT GEN MADAN GOPAL, MEMBER (ADMINISTRATIVE) 1. The petitioner, Corporal (Cpl) Jayabrata Ghatak of the Indian Air Force has filed this Writ Petition seeking the Courts intervention to obtain NO OBJECTION CERTIFICATE (NOC) from the Air Force to take an assignment with the State Govt. of West Bengal in the post of Sub Inspector / Sergeant. The request for the NOC by the applicant was rejected by the Air Headquarters, the competent sanctioning authority. 2. Details of the case are covered in the succeeding paragraphs. 3. Based on AFO 03/2005, wherein it states that an Airman with minimum seven years service can apply for a suitable job in the Central Govt. / State Govt. / PSUs. This AFO also lays down the procedures and conditions as to how an applicant has to forward his application. Accordingly, the applicant, based on this AFO and an advertisement by the Govt of West Bengal in the Ananda Bazar Patrika dated 31st December 2006; wherein they had called for suitable candid...
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JUSTICE SADHAN KUMAR GUPTA, MEMBER (JUDICIAL) 1. Originally Writ Petition no. 8970 of 2009 was filed by the petitioner before the Honble High Court at Calcutta. However, since the coming into operation of the Armed Forces Tribunal Act, said writ petition was transferred to this Bench for disposal and same has been renumbered as T A No.7 of 2010. 2 Case of the petitioner is that he joined the Indian Air Force and was enrolled on 10th July 1953 for a period of nine year regular service and six year reserve service. After completion of the nine year regular service, the petitioner was transferred to reserve service with effect from 9th July 1962 and a certificate of transfer to that effect was issued by the authority. During the Chinese Aggression in 1962 the petitioner was re-called since he was liable to render service until completion of the reserve period of six years. Accordingly, the petitioner joined the regular service and performed his duty for a period of 332 days. On 6th June 1...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
JUSTICE SADHAN KUMAR GUPTA, MEMBER (JUDICIAL) 1. Originally Writ Petition no. 897l of 2009 was filed by the petitioner before the Honble High Court at Calcutta. However, since the coming into operation of the Armed Forces Tribunal Act, said writ petition was transferred to this Bench for disposal and same has been renumbered as T A No.13 of 2010. 2. Case of the petitioner is that he joined the Indian Air Force and was enrolled on 31st December 1952 for a period of nine year regular service and six year reserve service. After completion of the nine year regular service, the petitioner was transferred to reserve service with effect from 31st December 1961 and a certificate of transfer to that effect was issued by the authority. During the Chinese Aggression in 1962 the petitioner was re-called since he was liable to render service until completion of the reserve period of six years. Accordingly, the petitioner joined the regular service and performed his duty for a period of one year and...
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