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Search Results for "Armed Forces discipline"

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Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

Supreme Court

Supreme Court Upholds Women Army Officers' Right to Permanent Commission in Landmark Gender Equality Judgment. Court holds that women SSC officers are entitled to PC at par with male counterparts, rejecting discriminatory service conditions.

17 Feb 2020

The case concerns a batch of appeals filed by the Ministry of Defence against a Delhi High Court judgment directing the grant of Permanent Commission ...

Supreme Court

Supreme Court Upholds Women Navy Officers' Right to Permanent Commission — Policy Denying Consideration to Existing SSC Officers Held Discriminatory. The court directed grant of Permanent Commissions to women Short Service Commissioned officers in service as on 26 September 2008, under Section 9 of the Navy Act, 1957.

17 Mar 2020

The Supreme Court adjudicated a batch of appeals concerning the grant of Permanent Commissions (PCs) to women Short Service Commissioned (SSC) officer...

High Court

Bombay High Court Quashes Removal of Medical Student on Medical Grounds — Directs Reinstatement and Waives Bond Amount. Polysubstance Dependence Not a Ground for Termination Under Code of Conduct; Student Willing to Undergo Treatment.

22 Feb 2005

The petitioner, Arashdeep Singh, a student at Armed Forces Medical College, Pune since 1999, was removed from service with effect from 9th June 2004 o...

Supreme Court

Supreme Court Allows Union of India's Appeals in Air Force Officers' Premature Separation Cases. Officers Cannot Withdraw PSS Application After Availing Pre-Release Course Under Human Resource Policy.

29 Jan 2019

The Supreme Court heard a batch of appeals concerning four officers of the Indian Air Force who applied for Premature Separation from Service (PSS) un...

Supreme Court

Supreme Court Clarifies Armed Forces Disciplinary Powers in Adultery Case - Union of India's Application for Clarification Allowed. The Court held that the decriminalization of adultery under Section 497 IPC does not preclude disciplinary action against military personnel under Sections 45 and 63 of the Army Act, 1950, and similar provisions in other military Acts, as they operate under Article 33 of the Constitution for maintaining discipline.

31 Jan 2023

The Supreme Court addressed a miscellaneous application filed by the Union of India seeking clarification of its earlier judgment in Joseph Shine v. U...

Supreme Court

Supreme Court Dismisses Airman's Appeal for NOC and Discharge to Join Bank Job - Holds That Members of Armed Forces Have No Fundamental Right to Leave Service at Will During Engagement Period. The Court upheld the rejection of NOC and discharge under Air Force Order 14/2008 and Air Force Act, 1950, Sections 13, 14, 15, finding that the appellant breached discipline by applying for civilian employment without prior permission and before completing mandatory service.

3 Jul 2019

The appellant, Amit Kumar Roy, was enrolled as an Airman in the Indian Air Force on 12 January 2004 with a regular engagement ending on 11 January 202...

High Court

High Court of Karnataka Allows Reimbursement of Medical Expenses to Retired Air Force Officer in ECHS Case — Denial of Claim for Lack of Prior Approval Held Arbitrary. The court held that denial of reimbursement for treatment at an empanelled hospital based on lack of prior approval was arbitrary and violative of Article 14 of the Constitution of India.

8 Jul 2019

The petitioner, a retired Squadron Leader of the Indian Air Force who served in the 1965 and 1971 Indo-Pak wars, sought reimbursement of medical expen...

High Court

Bombay High Court Dismisses Army Officers' Challenge to Policy Change on Retention of Residential Accommodation During Study Leave. Policy change held to be reasonable and not arbitrary, as it applies uniformly to all officers and is based on administrative exigencies.

17 Nov 2016

The petitioners, four Army officers (Lt. Col. Jitendra Ramchandra Manerikar, Lt. Col. Amar Nath Tripathi, Col. S. S. Jaglan, and Lt. Col. Atul Kishore...

Supreme Court

Supreme Court Upholds Army Disciplinary Jurisdiction, Sets Aside High Court Stay on Attachment Order. High Court's Pre-emptive Intervention in Army Discipline Under Army Act 1950 and Army Instructions 30/86 Held Unwarranted as Respondent Was Posted Outside Its Territorial Jurisdiction.

15 Feb 2019

The Supreme Court allowed the appeal filed by the Union of India and others against the interim orders of the High Court of Manipur dated 5 November 2...

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