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Latest Cases Home > Latest Court: armed forces tribunal aft regional bench kolkata Page 2 of about 28 results (0.183 seconds)

Mar 28 2011 (TRI)

Bikas Roy Vs. Union of India Service Through the Secretary and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

LT Gen K. P. D. Samanta, Member (Administrative): 1. The petitioner, Bikas Roy, Havildar (CHM) is a serving non-commissioned officer in the Corps of Signals in the Indian Army. As a Havildar, while posted in 3 Karnataka Girls Battalion, NCC on an extra-regimental employment (ERE), he was considered for promotion to the rank of Naib Subedar by a Departmental Promotion Committee (in short the DPC) on 5-3-2010, as perused from the DPC proceedings that was placed before us by the respondents during hearing on 8-3-2011. Accordingly, the Signals Records (respondent no. 2) intimated the unit, where the petitioner was posted (33 Corps Operating Signals Regiment),vide their letter of 16th June, 2010 that the petitioner was to be promoted to the rank of Naib Subedar with effect from 1st August, 2010. 2. The promotion order as above was not implemented by 33 Corps Operating Signal Regiment on following grounds, as communicated to the petitioner vide their letter of 1st August 2010 (Annexure A-1 o...

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Mar 10 2011 (TRI)

Devendra Singh Rajput Vs. Gp. Capt. S.K. Sharma and Others

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Sadhan Kumar Gupta, Member (Judicial) 1. This Original Application/Appeal has been preferred by the appellant/accused against the order of conviction as passed in the GCM. 2. On the basis of the allegation that the accused/appellant caused murder of JWO, D.C.Mishra, he was charged Under Section 71 of the Air Force Act for committing a civil offence, that is to say, murder punishable u/s 302 of the Indian Penal Code and for the offence u/s 71 of the Armed Forces Act for committing a civil offence, that is to say, using arms for unlawful purpose punishable u/s 27 of the Arms Act, 1959. On the basis of those charges, one GCM was convened and witnesses were examined from both the sides and after hearing the parties, the GCM was pleased to hold the accused/appellant guilty for both the charges and sentenced him : a) To suffer Civil imprisonment for life; b) To be dismissed from the service; and c) To be reduced to the ranks. 3. As the accused/appellant is aggrieved by the said decision of ...

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Mar 04 2011 (TRI)

Parimal Sarkar Vs. Union of India Service Through the Secretary Minist ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

LT GEN K P D Samanta, Member (Administrative): 1. The petitioner, Parimal Sarkar was enrolled in the Army, Army Medical Corps (in short the AMC) as a Sepoy in December, 1993 and was discharged on medical grounds on 26th July, 1995 (Annexure P/1 of the Writ Petition). Being aggrieved with the conditions for which he was discharged and not paid any disability pension, the petitioner filed a Writ Application before the Calcutta High Court (No. W P 3907 (W)/2002). The said Writ Petition was admitted and heard for the first time at Calcutta High Court on 3rd April, 2002 and subsequently transferred to this Tribunal on 18th May, 2010 by a judicial order from Calcutta High Court and re-numbered as TA 94/2010 after being admitted on 5th August, 2010 at this Tribunal. The transfer application was initially dismissed for default since none was present for the petitioner despite repeated calls on 13th September, 2010. It was later restored vide our decision dated 24th September, 2010 in response ...

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Feb 28 2011 (TRI)

Col. Arun Dattaji Potele Vs. Union of India Service Through the Secret ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

LT Gen K P D Samanta, Member (Administrative): 1. The petitioner, Col. Arun Dattaji Potele, veteran of 1971 war in Bangladesh as a part of an Infantry Battalion (19 MARATHA LIGHT INFANTRY), a battle casualty being wounded in the said war with bullet injuries. Subsequently, he also participated in various counter insurgency operations. Considering the graveness of his battle injury, the petitioner asked for an inter-arm/service transfer that was granted. Accordingly, he changed his arm from infantry to Army Ordnance Corps (AOC). 2. The petitioner rose to the rank of Colonel but was not promoted to the next higher rank of Brigadier, that he considered as an injustice done to him with justification that have been elucidated in the contents of the said Writ Petition. The details may be re-counted as under:- (a) The petitioner reached the rank of Lieutenant Colonel (Selection Grade) on his merit. While in the rank of Lieutenant Colonel, he was tried by a General Court Martial (GCM), but was...

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Feb 22 2011 (TRI)

Barma Bhowmick and Others Vs. Union of India Through the Secretary, Mi ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

LT Gen K P D Samanta, Member (Administrative): 1. The petitioner, Barma Bhowmick is the wodow of late Havildar Bikash Kumar Bhowmick, who was enrolled in the Army (ASC) on 16-7-1977 and died on 10th October 2000 while in service. He died of Chronic Renal Failure and Septicaemia while admitted in Eastern Command Hospital (CHEC, Kolkata). Raja Bhowmick, the second petitioner, is the son of the deceased Havildar Bikash Kumar Bhowmick. The present transfer application has arisen from WP No. 12404 (W)/2008 filed at Calcutta High Court. 2. The petitioner, subsequent to the death of her husband Havildar Bikash Kumar Bhowmick, received her entitled pension related benefits in March, 2002 including Special Family Pension as admissible to her, since her husband died in service on account of disease which was considered attributable/ aggravated due to military service (Annexure P-2 of the petition). She sought for enrolment in the Army for her son Raja Bhowmick (co-applicant), but unfortunately, ...

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Feb 18 2011 (TRI)

Md Najrul Islam Vs. the Union of India, Service Through the Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Sadhan Kumar Gupta, Member (Judicial) 1. The writ petition which was filed before the Calcutta High Court was transferred to this Bench as per provision of the Armed Forces Tribunal Act 2007 and renumbered as T A 19 of 2010. 2. The fact as stated in the application may be summarized as follows:- 3. The petitioner joined in the Indian Defence Service on 1. 11. 1994. During his service period, which was more than ten years, there was no adverse report against the applicant and in fact it was recorded as exemplary. 4. One Mani Sinha, W Havildar (Ambulance Assistant) had some personal grudge against the petitioner and he falsely implicated him on the allegation of outraging of modesty of his daughter aged about 10 years. On the basis of complaint, filed by the father of the girl, the authority concerned initiated disciplinary action against the applicant. He has claimed that the concerned authority was not at all justified in taking action on the basis of such complaint which was not in pr...

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Feb 15 2011 (TRI)

Harikishan Vs. Union of India, Service Through the Secretary Deptt. of ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Sadhan Kumar Gupta, Member (Judicial) 1. The original writ petition, which was filed before the Honble High Court at Calcutta has been transferred to this Bench and renumbered as T A 98 of 2010. 2. The case, as made out in the writ petition is that the petitioner joined the IndianArmy on June 16, 1984 and performed his duties diligently and sincerely. After ten years of exemplary service, the petitioner was posted at 24 Mountain Brigade. On December 8, 1995 the Commanding Officer of the said Brigade issued charge sheet against the petitioner alleging therein that he was absent without leave from the unit lines on August 10, 1995 from 17.00 Hr. to 20.30 Hrs. On the basis of such allegation, a Summary Court Martial Proceeding was held and Col B K Gandhi acted as the Presiding Officer of the said proceeding. On 13.12.1995 the Court Martial passed sentence against the petitioner recommending dismissal from service. The petitioner submitted a petition with the GOC-IN-C, Eastern Command, aga...

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Jan 18 2011 (TRI)

Syed Amirul Islam Vs. Union of India Service Through the Secretary, De ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

S K. Gupta, Member (Judicial) 1. This transferred application which has been received on transfer from High Court of Calcutta is taken up today for passing judgment. The applicant filed an application before the Honble Calcutta High Court and the said application, subsequently was transferred to this bench, in view of coming into operation of the Armed Forces Tribunal Act, 2007. 2. The facts as stated in the application are that the petitioner was enrolled in service permanently in the year 1999. On 03-09-2007, the petitioner received show-cause notice from the authorities asking him to explain as to why his services should not be terminated for contracting plural marriage on the basis of alleged complaint made by one Jasmine, who was his first wife. The said notice was duly replied vide letter dt. 11-09-2007 stating and explaining his second marriage by way of enclosing all relevant documents proving the dissolution of first marriage, and under the circumstances, he was compelled to...

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Jan 13 2011 (TRI)

Mazrul Haque Vs. Union of India Service Through Ministry of Defence an ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

LT Gen K P D Samanta, Member (Administrative) 1. The Petitioner, Majrul Haque, was enrolled in the MAHAR REGIMENT of the Indian Army on 14th January, 2002, but was discharged being medically invalidated on 26th May, 2002 from the Mahar Regimental Training Centre at Saugor, where he was pursuing his recruit training. Being aggrieved by the ibid decision of the authorities, he filed a Writ Petition (WP 2179(W)/2004) with Calcutta High Court on 10th February, 2004. Upon constitution of AFT Bench, it was transferred to the AFT on 29th March, 2010. 2. The petitioner submits in his application that he had applied for enrolment as part of Unit Headquarters (UHQ) quota in Mahar Regimental Centre on 1.11.2010 in the trade of Soldier General Duty (GD). After going through due process of recruitment including medical test, he was provisionally selected on 8.11.20001 (Paragraph- 3 and Annexure P-1 of the Petition). He also underwent a medical test at the Centre MI Room as evident from fitness ce...

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Jan 10 2011 (TRI)

Gangeshwar Baitha (Ex-havilder) Vs. Union of India , Service Through t ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

SadhanKumar Gupta, Member (Judicial) 1. This application has been received on transfer from the Honble High Court at Calcutta. 2. The fact as stated in the writ petition is that the petitioner joined Indian Army in the month of July 1971. As he was absent without leave during the period from 11th March 1987 to 25th April 1987, the respondent no. 3 started a Summary Court Martial Proceeding against him. By order dated 6th May 1987 the petitioner was held guilty and was sentenced to be reduced in rank and dismissal from service. Said punishment order was communicated to the wife of the petitioner at her native place at Bihar. 3. Against the order dated 6th May 1987 wife of the petitioner submitted several representations with the respondent no. 3 but without any result. Ultimately the petitioner submitted a representation with the authority on 15. 1. 1991 praying for relief of pension, gratuity, provident fund etc. However, respondents by their letter dated 11th March 1991 informed the p...

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