Section 39 in The Army Act, 1950
39. Absence without leave.
Any person subject to this Act who commits any of the following offences, that
Chief of the Army Staff, while dealing with the
petition under Section 164(2) of the Army Act. After such confirmation
of sentence, the respondent ... carbine
machine gun 9 MM on 27.9.2002.
iii) Charged under Army Act Section 39(a) – absent from duty
without leave from
petitioner may be noticed which are as
follows:-
"(a) Army Act Section 39(a) - 07 days rigorous imprisonment
(Absenting himself awarded ... Army Act Section 39(a) - 07 days rigorous imprisonment
and Section 48(i) awarded on 09 Aug 2000.
(Absenting himself (red ink entry)
Without leave
Section 71 . Section 160 empowers the confirming authority
to revise the finding or sentence of the court martial and
in sub-section (1) of Section ... Act and Section 192 to make regulations
for all or any of the provisions of the Act other than those
specified in Section
tins (397 gms each)
- - 21. 438 Kgs.
(ii) Under Army Act Section 39 (b)
for absenting himself without leave
in that he, at Pithoragarh ... attention of the Court is
invited to Army Act Section 160 and
Army Rule 68 and the form of
proceedings on revision on page
Corps, Department or Detachment of the regular army, as
stipulated by Section 116(c) of the Army Act. It has been
submitted that the appellant ... Rule 39(2) of the Army Rules, 1954. the relevant provisions
of Rules 39 are in the following terms:
"Rule 39 ........
(2) An officer
days pay as fine under Section 39(a) of the Army Act. He was discharged from service on 31.8.1997 on the ground of his medical ... this you were tried by your Commanding Officer under Army Act Section 39(a) and awarded punishment of "Severe Reprimand
exercise of the
powers conferred by sub-section (1) of Section 4 of the Army Act,
the Central Government has issued SRO 117 dated ... exercise of the powers conferred by sub-section (1)
of Section 4 of the Army Act, 1950 and in
supersession of the notification
Corps Air Sp. Sig Unit is charged with :-
Army Act
Section 39(a) ABSENTING HIMSELF WITHOUT
LEAVE
In that he, at Ambala Cantt, absented himself ... than one punishment in terms of
Section 71 of the Act but we may notice that Section 39(a) specifically deals
with the misconduct
find any merit in the first submission. Section 39 of the Army Act, 1950 is
comprised in Chapter VI which deals with “offences”. Section 39 ... punishable with
death, Section 37 , i.e., Army mutiny and Section 69 i.e., Civil Offences. Sub-section (2) of
Section 120 places an embargo