public expense". Analysing Rule 6 (c) of Defence
Service Regulations in the light of Rule 10 and 48, it is
held that words ... himself. Therefore, it is
held that it would be undertaken by a defence personnel
would be authorized travel to being it within the purview
relating to court-martial in
the Army Act , the Army Rules, Defence Service
Regulations and other Administrative Instructions
of the Army, it is manifestly clear
been considered by the
High Court or the Tribunal.
25. Defence Service Regulations, 1980 provide guidance for determining
the entitlement of the officer empanelled
Union Of India And Ors vs Major S.P. Sharma And Ors on 6 March
such Regulations and/or policy instructions, it is
argued that in terms of Clause 5(a), a member of the defence service is
presumed ... placed by the Tribunal,
this Court referred to Regulations 173 and 423 of the Pension Regulations
and held that the definite opinion formed
governed by the service conditions and it is not as if the Army
Headquarters or the Ministry of Defence has an unguided discretion ... whimsically appoint any officer
thereto. Any breach of such rules, regulations or service conditions invites
challenge thereto by the person considering himself entitled thereto.
Moreover
Union Of India vs Major S.P. Sharma on 6 March, 2014
Author: M.Y
when the appropriate
Government has issued a notification notifying the rules/regulations
under clause (b) of the provisions to Section ... Control and Appeal) Rules, Civil Services (Temporary
Service) Rules, Revised Leave Rules, Civil Service
Regulations, Civilians in Defence Services
(Classification, Control and Appeal) Rules
employer, who
proposes to effect any change in the conditions of
service applicable to any workman in respect of any
matter specified in the Fourth ... Control and Appeal)
Rules, Civil Services (Temporary Service) Rules,
Revised Leave Rules, Civil Service Regulations,
Civilians in Defence Services (Classification,
Control and Appeal) Rules
service conditions regulated by the provisions of Office Memorandum dated
November 23, 1979 of the Government of India, Ministry of Defence and the
controlling authority ... been correctly superseded or not, since the
service conditions of the seconded officers under the DRDO is
regulated by Office Memorandum dated 23rd November
