compliance of Rule 180 of the Rules. The Tribunal decided
the petition by adverting to the contention relating to Rule
180. It was held ... procedure prescribed in Rule 180 is obligatory.
13. Though there is non-compliance of Rule 180 of the
Army Rules in this case
therein, qua the pari materia
provisions of the Army Act and the Army Rules, has held that the powers
thereunder to deduct from the salary ... adjudicate a claim for maintenance; (vii) that the
Army Act and the Army Rules do not provide any mechanism and
procedure for adjudication of claims
pension from the
date of his discharge from service of the Indian Army. The petitioner
therein had a service career spanning 10 years ... terms of provisions of Rule 13-III(v) of the Army Rules, 1954.
After noticing, that (i) Regulation 132 of the Pension Regulations
respondents to conduct an enquiry in accordance with rule 177 of Army
Rules, 1954 and to ensure fair investigation and further process the
petitioner ... Rules, reads as under:-
"(o) service matters, in relation to the persons subject to the
Army Act, 1950 (46 of 1950), the Navy
though as per the orders of AFT,
Chandigarh and AFT, Lucknow, the Army has no power to deduct any part
of the salary ... Army Act, 1950 or to Rule 193 of the Army Rules, 1954
whereunder the powers are purportedly being exercised.
8. The counsel for the respondents
forfeited in terms of Rule 24 of the CCS (Pension)
Rules, 1972.
Rule 24 of the Central Civil Service (Pension) Rules, 1972
reads as follows ... petitioner submits that he will be governed by the Army
Rules and not the CCS (Pension) Rules. The said contention of the
petitioner
UPSC sent another letter on
19.10.2020 and after examining the letter of Army dated
8.10.2020 observed as under:-
"3. The AHQ has taken ... however,
seems not in line with the aforesaid
provisions of the Examination Rules as the
same do not provide for non-consideration of
a qualified
mandatory under the Rules therein. The conduct of
trial including investigation is covered under Air Force
Act and the Rules. He referred to Section ... time being in force. The
relevant Chapters of the Army Act, the Navy
Act and the Air Force Act embody a completely
self-contained comprehensive
Mr.V.P.Sahadevan vs Union Of India on 17 November, 2020
Author: Ashok Menon
Lir No.2899/16, Sh. Kamal Kishor vs . M/S Reuters India Pvt. Ltd., on
