were forwarded by the Army with a request to the
concerned authorities to apprehend the petitioner as a
Army deserter and hand him over ... deserter who had been successful in joining the
Delhi Police as a Sub Inspector rather than suffering the
consequences of desertion from the Army
from Army under Section 20(3) of the Army Act. Sections 105 and 106 of the Army Act, 1950, deal with capture of deserters ... deemed to be a deserter. The expression "deserter' has not been defined in the Army Act . Section 38(1) of the Army
member of armed forces.
6. "Desertion" or "deserter" is not defined either in the Army Act or the Rules made there ... appointment elsewhere without regular separation from the army.
7. Section 38 of the Army Act makes desertion an offence and provides for its punishment. Section
service of the Army as a Sepoey was found missing from 5.10.1995 onwards. The Army declared him a deserter under Section 106 of the Army ... notice of the Army or the family. Even in such cases also, the Army may be justified in declaring him a deserter but the position
dated 18.06.1990 had directed that persons,
who had been dismissed as Army deserters in the aftermath of
Operation Blue Star be converted as discharged ... been informed that they should take note
of the fact that Army deserters affected in the aftermath of Operation
Blue Star were to be declared
under Army
Act 1950 Sec. 20 (3) and Army Order 439/63. Hence no
discharge order was issued being discharged as an Army
deserter ... from 20 Oct 1984 in compliance with special Army
Order 9/S/89 being an Army deserter."
Appellant's prayer before
deserter. Now, neither the expression "deserter" nor the expression "desertion" has been defined by the Army Act . However under Section ... straightaway desertion.
13. As we mentioned earlier neither the expression 'deserter' nor the expression 'desertion' is defined in the Army
notice of the Army or
the family. Even in such cases also, the Army may be
justified in declaring him a deserter but the position ... circumstances do not suggest any chance of
petitioner's husband deserting the Army towards the end of
his career."
Of course, that
holidays but thereafter he did not rejoin his duties and had deserted the Army. PW 30 UGC Puran Singh proved the delivery of special report ... himself of this leave, he did not join duties and thus deserted the Army. It has also come on record that the appellant was ultimately
Army Regulation, the Tribunal also held that the person
deserting the Army can also be tried by the SCM by the Commanding
Officer of another ... Regulation does not contemplate such an
eventuality under which the persons deserting the Army cannot be tried
by SCM by CO of other unit
