Court : Armed forces Tribunal AFT Regional Bench Lucknow
Janardan Sahai 1. The applicant was enrolled in the Indian Army on 04.07.1991 and was promoted to the rank of Naik. He was made NCO In-charge of the Butchery along with Sub. SKT Upendra Kumar, JCO, In-charge of Butchery and the Officer Commanding Maj. B. Suresh Kumar. It appears that in the night of 3rd and 4th April, 1997 some carcasses slaughtered in the night were found insufflated. A Court of Inquiry was held in which it was found that the applicant as also the JCO Sub. Upendra Kumar, Maj. R A Mishra, Veterinary Officer and Maj. B Suresh Kumar, Officer Commanding and the Contractor had defaulted. A show cause notice dated 26.01.2003 was issued to the applicant alleging that the applicant had neglected to obey technical instructions 9/89 of Headquarters Central Command, ST Branch by not being present in the Buchery for entire duration from slaughtering to issue of the meat thus, resulting in insufflation of 11 carcasses. He also failed to report to his O.C regarding shortage of wate...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
A.N. Varma 1. By means of the instant Original Application the applicant has assailed the order dated 09.08.2011, copy of which has been filed along with the Original Application as Annexure No. A-1 by which the applicant, who was initially commissioned in 5 Gorkha Rifles and subsequently joined 9 PARA (SF), has been reverted back to his parent Regiment i.e. 5 Gorkha Rifles on having been found unsuitable for PARA (SF)/PARA duties. The order further states that the change of panel does not reflect adversely on the future career of the officer. The applicant accordingly stands posted as Joint Director, National Cadet Corps, Lucknow. 2. The facts of the case are as follows. The applicant was commissioned in the Indian Army on 09.12.1995, thereafter he was empanelled for PARA (SF)/PARA duties in October 1997 and joined 9 PARA (SF). He remained empanelled for PARA (SF)/PARA duties till found unsuitable vide the impugned order. 3. From the perusal of the record it transpires that the applic...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
Honble Mr. Justice Janardan Sahai 1. The petitioner was a Naib Subedar in the Indian Army. During his service he was tried for an offence u/s 302 of the Indian Penal Code and was convicted by the Additional Sessions Court, Mainpuri on 02.05.2000. The petitioner preferred an appeal in the High Court which is stated to be still pending. On 04.05.2000 he was granted bail by the High Court and it is stated by the learned counsel that after grant of bail, he continued to serve. However, he was dismissed by an order dated 30.01.2001. The copy of the dismissal order is Annexure 9 to the petition. The case of the petitioner is that the sentence awarded by the Sessions Court was suspended by the High Court by an order dated 23.03.2001 in the Appeal filed by the petitioner. The petitioner filed a Writ Petition No. 6618 of 2001 in the High Court of Allahabad for quashing the order of dismissal dated 30.01.2001 as also for a direction to give the entire retiral benefits including monthly pension a...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
Janardan Sahai 1. The applicant Shiv Kumar Joshi was a Havildar in the Indian Army. He has challenged the sentence of dismissal and reducing him to the ranks in Summary Court Martial. A tentative charge sheet dated 12.03.2009 was issued to him in which there were two charges. First; he at Meerut on 6th March, 2009 committed theft of HDFC Bank ATM Debit Card, the property belonging to No. 15135702Y Naik (Driver Special) Vijay Kumar of the same Regiment, and Second, that he at Meerut on 6th March, 2009 with intent to cause wrongful loss to No. 15135702Y Naik (Driver Special) Vijay Kumar of the same regiment, withdrew a sum of Rs. 15,000/- (Rs. Fifteen thousand only) from HDFC Bank Account no. 028511550012322 of said person by using ATM Debit Card. After proceedings under rule 22 of the Army Rules, Summary of evidence was recorded. Five witnesses were examined on behalf of the prosecution, namely, Maj. Himanshu Kalia, who identified the applicant. He stated that the ATM card was kept in t...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
Janardan Sahai, J. 1. The petitioner was a Sepoy in the Indian Army, He was discharged from service whereafter a movement order dated 20.08.2004 was issued. The petitioner filed Writ Petition no. 6802 of 2004 in the Lucknow Bench of the Allahabad High Court, in which he prayed for a certiorari to quash the order of his termination / discharge. 2. The facts leading to this petition may be briefly set out as follows :- 3. The petitioner was served with a show cause notice dated 05.07.2004 in which it is alleged that the petitioner was awarded more than four Red Ink entries based on the punishment orders dated 09.07.2001 u/s 48 of the Army Act wherein the petitioner was awarded 14 days imprisonment, order dated 08.03.2002 under section 39 (a) of the Army Act wherein he was awarded 14 days Imprisonment, order dated 01.07.2002 u/s 63 of the Army Act wherein he was awarded 21 days imprisonment, order dated 12.07.2003 u/s 39 (a) wherein he was awarded 21 days imprisonment, order dated 31.01...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Lucknow
Janardan Sahai, J. 1. This application has been received by transfer from the High Court of Allahabad, Lucknow Bench. The petition is directed against an order of conviction and sentence of one year rigorous imprisonment and dismissal from service awarded to the petitioner who was a Sepoy/Cook. The punishment was awarded by a Summary Court Martial on 11.01.2007 by the Commander, Administrative Battalion, Rajput Regimental Centre, Fatehgarh. The facts giving rise to the application may be stated briefly as follows :- 2. A charge-sheet was issued to the petitioner under Section 39(b) of the Army Act for the charge that he while at Field on 21.08.2002 having been granted leave of absence from 08.08.2002 to 20.08.2002 to proceed home, failed without sufficient cause to rejoin duty on expiry of said leave, till he surrendered voluntarily at the Rajput Regimental Centre on 14.12.2006 at 12.00 hours of his own accord. It appears that 16 Rajput was deployed at Kiran Sector, Jammu and Kashmir ...
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