termination of his services under Section 19 of the Army Act read with Army Rule 14 would in my view sufficiently meet the ends ... termination of his services under Section 19 of the Army Act read with Army Rule 14 would be more appropriate. A case for the same
VCOAS Sectt
Army Headquarters
DHQ PO, New Delhi -11
DCOAS Sectt
Army Headquarters
DHQ PO, New Delhi-11
AG's Branch
Army Headquarters ... Chief of Army Staff, it would seriously affect the operational and administrative functioning of the entire Army, as the Chief of Army Staff would have
extreme step of action under the
provisions of Army Act Section 19 read with Army
Rule 14." (Emphasis Supplied)
30. The validity ... After examining various
provisions of Army Act, 1950 and Army Rules, 1954, it was
held by the Court that the view taken by the Himachal
summary of evidence and reiterates that under the provision of Army Rule 23, it was only the Commanding Officer who was empowered to initiate disciplinary ... violation of the provisions of the statutory rules in this regard. Rule 37 of the Army Rules reads as follows:
"37. Convening of General
Chief of Army Staff has no jurisdiction to proceed against him, under section 19 of the Army Act read with Army Rule 14, in respect ... should not be terminated under section 19 of the Army Act read with Army Rule 14 on the ground of misconduct alleged in the said
plea of guilty accepts and records the same. The
provisions of Army Rule 115(2) are complied with."
(Signature) (Signature)
Accused The Court ... have stated the
requirement of Rs. 115 and 129 of the army Rules.
The procedure laid down in the said Rules cannot be
observed
based on the violation of the provisions of Army Rule 180. The petitioner has a two fold grievance in that regard. Firstly, it is alleged ... Tikku that anyone complaining of violation of Rule 180 of the Army rules had to show that he had been prejudiced on account of such
Singh. The petitioner had also contended
that no hearing under the Army Rule 22 was held. Even during
recording the summary of evidence, the statement ... provisions of
WP (C) No.3357/2012 Page 9 of 26
Army Rule 180 had been complied with and the petitioner
had been given full
Army Act. However, when
the proceedings are not confirmed, the competent authority can
proceed under section 19 of the Army Act read with Army Rule ... part materia with the corresponding
provisions of the Army Act and the Army Rules, a
learned Single Judge of the Allahabad High Court
held that
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
