SC imposes Rs 50,000 cost on Central Govt. for challenging grant of LFP to a soldier’s widow
The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.
Armed Forces
Not recording reasons in convening order for appointing junior ranked officer as Judge Advocate invalidates Court Martial proceedings: SC
The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
Supreme Court issues notice in Armed forces veteran’s plea seeking relaxation in Physical Efficiency Test for the post of Forest Guard
Rajasthan High Court had held that there exists no relaxation regarding category of Ex-serviceman and the Rule 19 of the Rajasthan Forest Subordinate Service Rules, 2015 states that the physical efficiency test will be applicable to candidates belonging to all categories including that of the Ex-servicemen.
‘GoI considered geographical terrains of Indian border and Army system across world’: Kerala High Court refuses interference with Agnipath Scheme
“While reducing the age limit from 21 years to 17½ years for recruitment as Agniveers, the Government has considered various aspects including the distinct and challenging geographical terrains in the borders of India and also the system of Army maintained in various world countries.”
Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers
“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”
High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement
“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court
Agnipath has an objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert; Delhi High Court upholds the constitutional validity of Agnipath scheme
The Agniveer Scheme will increase the ‘leader to led ratio from 1.1 to 1.28; a ratio that would aspire confidence and would ease the pressure of the forces on the ground.
Delhi High Court | Central Armed Police Forces is part of Indian Armed Forces; Delhi High Court holds CAPF to be governed by old pension scheme
Article 246 read with List 1 Entry 2 of the Seventh Schedule of Constitution of India envisages Armed Forces of the Union of India and includes “Naval, Military and Air Forces; any other armed forces of the Union”
Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy
In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’
Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member
Armed Forces Tribunal| A Cadet is akin to a probationer; can be discharged by employer if not meeting the medical standards required for military service
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member
Pay on a par with last drawn pay on reemployment in Government Service? Not a matter of right, holds Supreme Court
Supreme Court: In a case where the bench of MR Shah* and BV Nagarathna, JJ was posed with the question as to
Male Head Constable enters Mahila Barrack at 00:15 hours; is punishment of removal from service too harsh? SC tells what makes the punishment disproportionate
Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., affirmed impugned judgment of the Gauhati High Court whereby the
Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?J&K and Ladakh HC answers
Jammu and Kashmir and Ladakh High Court: Stating that, the intention of a person can be gathered from the words spoken or
AFT grants war injury pension to soldier who sustained injuries resulting in disability during Operation Hifazat
Armed Forces Tribunal (Chandigarh Bench): The Bench of Justice Dharam Chand Chaudhary (Member J) and Vice Admiral HCS Bisht (Member A), granted
AFT | Army issuing look out notice declaring person a deserter; Will the notice remain in affect even post resignation? Tribunal answers
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Umesh Chandra Srivastava, J., and Vice Admiral Abhay Raghunath Karve, Member (A) slammed
AFT | Punishment of “Severe Reprimand” after summary trial not a “service matter”; Tribunal has no jurisdiction to deal with such issues
Armed Forces Tribunal (Principal Bench): The Bench of Rajendra Menon, J., (Chairperson) and Lt Gen P.M. Hariz, Member (A) held that punishment
AFT | “Gross injustice done is a case of mind set and adhering to old junk system”; Tribunal imposes exemplary cost of Rs. 75,000 on government for not implementing the order of the High Court for about 23 years
Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) slammed the Union
“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces
“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”
AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome
“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.