Army Staff or by any officer
empowered in this behalf by warrant of the
Chief of the Army Staff.
Rule 37. Convening of General ... requirements of Rule 37 were fully satisfied. It
is unnecessary for us to consider whether Sub-
rule (3) of Rule 37 requires an order
pressed the following submissions:
a) Proper procedure as laid down under Army Rule 22 for
hearing of the charges was not followed and in this ... with the services of an army officer as friend
of the accused at the trial in terms of Army Rule 129.
During the trial
petitioner was initiated by conducting hearing of the charge proceedings under Army Rule 22 by GOC 9 Inf. Div. (the Commanding Officer of the petitioner ... rule 1 of Rule 22 that the Commanding Officer is supposed to proceed further and in terms of Sub-rule 2 he could even dismiss
that upon general
survey of the provisions of the Army Act and the Army
Rules, a Judge-Advocate for all intent and purport ... However, having regard to the provisions contained in the
Army Act and the Army rules vis-a-vis Article 33 of the
Constitution of India
been also a gross violation of Rule 81 of the Army Rules in so far as although the Court Martial proceedings could be held only ... imposed upon him.
13. As regards the alleged violation of the Army Rule 34, it was submitted that the same is directory in nature
outset requires examination of the relevant provisions of the Army Act , the Army Rules and the Army Regulations.
9. The Act defines, civil offence ... aggrieved" in the context of the provisions of the Army Act and Army Rules mean the person who is the competent to order Court
hearing of the charge in terms of Rule 25 of the Army Rules, 1954.
In the aforementioned situation, a Summary of Evidence was directed ... provisions of law relating to court-martial in the Army Act , the Army Rules, defense Service Regulations and other Administrative Instructions of the Army
that there has been violation of Rule 52(4) of the Army Rules, 1954, the relevant portion of which is as under:-
"A plea ... illegally or in violation of the provisions of the Army Act and/or the Army Rules.
There cannot further be any doubt whatsoever
Army
Act read with Rule 12 of the Army Rules.
2. However, on 13.11.99 the petitioner was re-enrolled
in defense Service Corps ... show cause
notice was served for discharge under Army Rule 13 (3),
Item-III (V). In this show cause notice it was, inter
alia, stated
Brigadier is contrary to the provisions of the Army Act, 1950 and the Army Rules, 1954;
(ii) As the orders awarding punishment had been passed ... should not be discharged from service under the provisions of Army Rule 13 (III)(v) and AG's Branch, Army HQ letter
