Army Act, 1950

The appellant, a former Store Keeper Technical in the Indian Army, was reinstated after a commuted court‑martial punishment but was denied promotion to Naib Subedar and the associated pay and allowances for the period from 1 August 1997 to his actual promotion on 13 November 2000. The Departmental Promotion Committee i…

The Union of India filed a miscellaneous application seeking clarification of the Supreme Court’s decision in Joseph Shine v. Union of India, which struck down Section 497 of the IPC, asking whether the judgment also affects the applicability of Sections 45, 63 of the Army Act, 1950 and analogous provisions in the Air …

Dinesh Prasad, a washerman/rifleman in the Assam Rifles, was absent without leave for 808 days and was charge‑sheeted under Section 39(a) of the Army Act, 1950. A summary court‑martial was convened and presided over by the Commandant, Col. A.S. Sehrawat, who had also signed the charge sheet. Prasad pleaded guilty and w…

Harish Uppal, a former Indian Army officer, was court‑martialed and sentenced to dismissal and two years' rigorous imprisonment for irregularities during the 1971 Bangladesh operations. While incarcerated, his advocate filed a post‑confirmation petition under Section 164(2) of the Army Act, 1950, which was rejected by …

The appellant Union of India alleged that Major Rabinder Singh, while commanding the 6 Armoured Regiment, fraudulently countersigned bills to claim Rs.77,692 for vehicle modifications that were never carried out, resulting in wrongful loss to the Army. A Court of Inquiry and a General Court Martial found him guilty und…

The case arose when Major S.K. Sharma complained before a Judicial Magistrate that Colonel Ali and Brigadier Randhawa had assaulted him, leading the Magistrate to take cognizance under the Criminal Procedure Code and issue summons. The Union of India moved to have the matter transferred to the Army authorities for disp…

The appellants, convicted by a General Court‑Martial under the Army Act, sought the benefit of Section 428 of the Criminal Procedure Code (CrPC) which allows set‑off of detention time during investigation, inquiry or trial against the term of imprisonment. The Supreme Court examined whether the CrPC provisions apply to…

Manoj Deswal, a trainee Store Hand Technical in the Army Supply Corps, was absent without sanctioned leave for 108 days between April and July 2005 and was declared a deserter after a summary enquiry. He was discharged on 27 August 2005 by the Commanding Officer under Rule 13(3) of the Army Rules, 1954, as a non‑attest…

The appellant, a permanent commissioned officer, was tried by a General Court‑Martial for alleged fraud and misconduct and was dismissed from service. The findings and sentence were confirmed by the Chief of the Army Staff, and the appellant's post‑confirmation petition under section 164(2) of the Army Act was rejected…

Ex SeppoY Madan Prasad, a Mechanical Transport Driver in the Army Service Corps, was granted leave in 1998 and later an extension on compassionate grounds. He failed to report back after the extended leave expired, claiming his wife’s illness, and remained absent for 108 days, after which he surrendered. A Court of Inq…

The Union of India appealed against the Armed Forces Tribunal’s order quashing the convening of a General Court Martial against former Army officer P.S. Gill, who was alleged to have been involved in procurement irregularities. After a Court of Inquiry identified twelve officers, including Gill, a hearing under Rule 22…

The Supreme Court examined challenges to the Armed Forces (Special Powers) Act, 1958 (AFSPA) and the Assam Disturbed Areas Act, 1955, along with notifications declaring disturbed areas in several northeastern states. Petitioners argued that Parliament lacked competence to enact AFSPA, that the Act was colourable legisl…

Three army personnel were tried by a General Court Martial for theft, convicted, sentenced and dismissed from service. They challenged the conviction and dismissal before the Guwahati High Court, which set aside both on the ground that the trial violated Rule 22 of the Army Rules, 1954, which requires a prior inquiry. …

Lance Naik Gursewak Singh and Lance Naik Kala Singh, both serving in the Indian Army, consumed liquor and got into a heated argument over seniority. Singh seized Kala's rifle and fired a single bullet, killing him. A court‑martial convicted Singh under IPC s.302 read with Army Act s.69, sentencing him to life imprisonm…

The petitioners, convicted by a General Court Martial under the Army Act, 1950 and sentenced to imprisonment, were lodged in civil jails and sought to set off the period of their pre‑trial detention against the term of imprisonment under section 428 of the Code of Criminal Procedure (CrPC). The jail and army authoritie…

Sadh Singh was convicted by a General Court Martial under Section 302 IPC and Section 69 of the Army Act for murder and sentenced to life imprisonment. He had served 11 years and 1 month in actual custody, 1 year 7 months 29 days in pre‑trial detention and had earned a remission of four years, which the Punjab and Hary…

The Supreme Court heard three writ petitions under Article 32 challenging the constitutionality and legality of orders convening General Court‑Martials for Lt Col Prithipal Singh Bedi, Capt Dharam Pal Kukrety and Capt Chander Kumar Chopra. The petitioners argued that the composition of the courts‑martial violated Rule …

Major A.K. Sinha, an Army officer, was not promoted to Lt. Colonel and alleged that adverse remarks in his Annual Confidential Reports (ACRs) were the cause. He filed a statutory complaint under Section 27 of the Army Act in 1996, more than five years after the remarks were communicated, exceeding the 60‑day (extendabl…

The appellant, a Major in the Indian Army, was served a notice under Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954, proposing termination of his service for misconduct alleged to have occurred about seven years earlier. The notice claimed that a court‑martial trial was impracticable because the t…

The case concerned L.D. Balam Singh, an Indian Army officer, who was tried by a General Court Martial under Section 69 of the Army Act for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had set aside his conviction on the ground that the search and se…

The respondent, a Major in the Indian Army, was tried by a General Court Martial (GCM) for offences under Sections 39(1) and 63 of the Army Act. The GCM appointed a Captain as Judge‑Advocate, a rank lower than the accused. The GCM convicted and sentenced the Major, the sentence was later revised to dismissal and confir…

The appellant, a Sepoy in the Indian Army, was tried by a Summary Court Martial for three misconduct charges under Section 63 of the Army Act and pleaded guilty, receiving a reduction in rank. Later, the Army authorities served a show‑cause notice under Section 20 read with Rule 17 of the Army Rules, alleging fraudulen…

Shish Ram, who had served over ten years in the Indian Army, was transferred to the reserve establishment and failed to attend mandatory reservist training, nor did he provide an exemption certificate. He was declared a deserter in 1978 and subsequently dismissed by the brigade commander in 1981. The appellant challeng…

Lt. Gen. (Retd.) S.K. Sahni, former Director General, Supplies and Transport, was investigated by a Court of Inquiry (CoI) for alleged irregularities in procurement and quality control. The CoI recommended only a recordable censure, but the Army Commander ordered disciplinary action under the Army Act and Army Rules, l…

Four members of the General Reserve Engineers Force (GREF) were tried by a Court‑Martial convened under a warrant of the Chief of the Army Staff authorising the Chief Engineer and were convicted of offences under Sections 63, 39(a) and 41 of the Army Act. They challenged the jurisdiction of the Court‑Martial, the effec…

The case concerns several army officers who were tried by General Court Martial for espionage, some convicted and others dismissed administratively under Section 18 of the Army Act, 1950. Their writ petitions challenging the Court Martial proceedings and the administrative dismissals were dismissed by the Delhi High Co…

Major General Madan Lal Yadav, a retired officer, was charged under Section 123 of the Army Act, 1950 for dereliction of duty in local purchases. After his retirement on 31 August 1986, he was kept under open arrest and a charge‑sheet was issued. A General Court‑Martial (GCM) was convened on 25 February 1987, but Yadav…

The respondent, a Lt. Colonel of the Indian Army, was attached to another unit, made to relinquish his acting rank and suspended while disciplinary proceedings were pending for alleged torture leading to a soldier’s death. The Army opted to try him before a General Court‑Martial, but the court‑martial could not proceed…

Three Army officers were charged with offences under Section 52 of the Army Act, 1950, which can be tried either by an ordinary criminal court or a court‑martial. They were tried before a Special Judge of the Fourth Additional Special Court, Calcutta, but the trial judge did not follow the Criminal Courts and Court Mar…

Major D.P. Kukrety, a commissioned officer of the Indian Army, was tried by a general court‑martial for alleged misconduct in November 1975. The court‑martial found him not guilty, but the finding was sent back for revision and remained unconfirmed. The Chief of the Army Staff then issued a show‑cause notice under Rule…

The sailor R. Karthik was dismissed from the Indian Navy under Section 45(a) of the Navy Act after a superior officer complained that Karthik had struck him during an incident at sea. The Armed Forces Tribunal (AFT) set aside the dismissal, deeming it disproportionate, and substituted it with a 75‑day detention and los…

Dharambir Singh, a former Territorial Army soldier, was injured in a scooter accident while on two days of casual leave and claimed a disability pension. The Armed Forces Tribunal had granted the pension, holding that leave is deemed duty, but the Government appealed. The Supreme Court examined whether personnel on lea…

The petitioner, a Mechanical Transport Driver in the Indian Air Force, was convicted by a district court‑martial of unauthorized absence under Section 39(a) of the Air Force Act, 1950 and sentenced to three months' rigorous imprisonment, dismissal from service and reduction in rank. He had been in custody since 1 Febru…

Lt. Colonel K.D. Gupta, a permanent commission officer, was repeatedly subjected to psychiatric examinations that led to his medical category being downgraded from Shape‑I to Shape‑II and treated as a Major, despite no formal order reducing his rank. He challenged these actions before the Supreme Court, which earlier r…

Capt. A.P. Bajpai, an army officer, was tried by a General Court‑Martial (GCM) for theft of government property and for absenting himself without leave. The GCM acquitted him on the theft charge but convicted him on the absent‑without‑leave charge, sentencing him to forfeit three years' service and a severe reprimand. …

Havildar Ratan Singh was charged with cowardly abandonment of his post during an armed operation against militants and was tried by a Summary Court Martial under the Army Act, 1950. The trial court held that the offence fell under section 36 of the Act, allowing summary jurisdiction, and convicted him, reducing his ran…

The appellant, an Indian Army soldier, fired three shots at a member of a Quick Reaction Team during a night security duty after a stone‑throwing incident, killing Naik Jityu Yadav at a distance of 8‑10 feet. Despite being warned by a fellow sentry not to fire, he shot the victim and, when apprehended, said “I did what…

Sukhdev Singh Gill, a former Superintendent in the General Reserve Engineer Force (GREF), sought to have his service counted as "military service" for seniority purposes under the Punjab Government National Emergency (Concession) Rules, 1965. The High Court rejected his claim and dismissed his writ petition, leading to…

Pradeep Singh, an acting Naik in the Indian Army, was absent without leave for 21 months. Upon his return, his acting rank was withdrawn and he was tried by a Summary Court‑Martial under Sections 39A and 116 of the Army Act, which sentenced him to dismissal. He challenged the conviction on four grounds: the officiating…

The appellant, a landholder, filed a return under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in 1973-74 claiming he did not possess excess land. The Deputy Collector in 1976 upheld his claim and ordered the proceedings dropped, but no final statement under Section 11(1) …

Constable Ramvir Singh of the Border Security Force was convicted of disobeying orders, withholding official dak and, while in internal custody, refusing meals and pack drill. He pleaded guilty and was sentenced to seven days of rigorous imprisonment and dismissal from service. He challenged the dismissal on grounds of…

Lt. Gen. R.K. Anand retired at age 57 under a Departmental letter dated 9 September 1986, which introduced a two‑stream concept for Lt. Generals, assigning a lower retirement age to the 'Staff only' stream. He challenged the retirement, claiming the earlier letter of 9 May 1985, which fixed the retirement age at 58 for…

The case concerned the removal of a Deputy Inspector General of the Border Security Force (BSF), Ashok Kumar, for misconduct during a raid, including falsifying his presence, suppressing seizure details and staging a fake encounter. A Staff Court of Inquiry found him delinquent and the Director General (DG) of BSF, dee…

The respondent, a commissioned officer in the Indian Army, was required to pass the Part B promotional examination within 13 years of service. He falsely claimed to have passed Part B and applied for the Part D exam, leading to a show‑cause notice and a severe displeasure award. While his case was pending, the Governme…

Lt. Col. Vijaynath Jha, a commissioned officer of the Indian Army, was seconded to the Directorate General of Quality Assurance (DGQA) for two years. After the tenure he applied for permanent secondment, but the Quality Assurance Selection Board (QASB) found him unfit and the Ministry of Defence rejected his complaint.…

Sheel Kumar Roy, an Army serviceman who suffered from psychiatric illness, was repeatedly admitted to military hospitals and was on medical leave from July 1990 to July 1991. A Court of Enquiry under Army Rule 22 recommended that his period of absence be regularised as medical leave, but the commanding officer ignored …

Ex‑Gunner Virender Prasad was convicted by a Summary General Court Martial under Section 69 of the Army Act for murdering a fellow gunner while allegedly acting in a delusional state of a terrorist attack. The conviction and life sentence were affirmed by the Armed Forces Tribunal, and the appellant appealed to the Sup…

Pani Ram, a former regular army infantry officer, re‑enrolled in the Territorial Army (TA) and suffered a severe accident while returning from leave, resulting in an 80% disability. The Medical Board and a Court of Inquiry found the injury attributable to military service, and he was invalided out, seeking a disability…

The case concerned women officers of the Indian Army who were commissioned on Short Service Commission (SSC) and sought Permanent Commission (PC) on the basis of equality guarantees under Articles 14, 15 and 16 of the Constitution. The Delhi High Court had directed that women SSC officers be granted PCs at par with the…

S. Muthu Kumaran, a Havildar/Clerk in the Indian Army, was alleged to have participated in a fraudulent recruitment racket in 2006 and had earlier given a confessional statement, which he later claimed was made under coercion. The General Officer Commanding (GOC) of the 26 Infantry Division issued a show‑cause notice, …

Veerendra Kumar Dubey, an operator in the Indian Army, was discharged after accruing four red‑ink entries for overstaying leave. Although a show‑cause notice was issued, no impartial inquiry was conducted as required by the Army Headquarters circular of 28 December 1988, which prescribes a preliminary enquiry and consi…

The Supreme Court examined orders that forfeited the pensions of four military officers who had been convicted by General Court Martials and dismissed or cashiered. The respondents challenged the forfeiture on the grounds that the Army Pension Regulation 16(a) and Navy Pension Regulation 15(2) were inconsistent with th…

The case concerned A.K. Pandey, an army officer charged with selling a weapon, who was informed of the charges on 2 November 1995 and tried by a General Court Martial on 6 November 1995, but the trial began at 10:10 a.m., less than the 96‑hour interval mandated by Rule 34 of the Army Rules, 1954. Pandey pleaded guilty,…

The appellant, Smt. Sulekha Rani, sought family pension after her husband, an Army Jawan, was discharged on 31 August 2001 without the convening of an Invalidating Medical Board and later died in 2007. The Armed Forces Tribunal dismissed her claim, relying on Army Rule 13(3)(III)(v), a residuary provision for discharge…

The appellant, a signalman in the Indian Army, was serving a 28‑day rigorous imprisonment when he was charged under Section 41(2) of the Army Act for refusing to eat food on a superior's order. A Summary Court‑Martial, presided over by the commanding officer who had previously punished him, sentenced him to one year of…

The respondent, a Junior Commissioned Officer in the Indian Army, was court‑martialled under Sections 40(a) and 48 of the Army Act, 1950, found guilty and dismissed from service. He filed a writ petition seeking pensionary benefits, and the Delhi High Court, relying on Major G.S. Sodhi’s case, held that he was entitled…

The petitioner, a Havildar/Clerk in the Indian Army, challenged Army Order No. 11 of 1987 which limited the grant of study leave to regular commissioned officers, alleging discrimination under Articles 14 and 16 of the Constitution. The Union of India contended that study leave is intended to enhance the knowledge of o…

Lt. Col. Dharamvir Singh, an Indian Army officer, was posted in Nanded, Maharashtra when an attachment order dated 5 October 2018 was issued by the Army headquarters to initiate disciplinary action under Army Instruction 30/86. He challenged the attachment order through a writ petition under Article 226 before the Mani…

Colonel Rajvir Singh, an officiating commandant at the Central Ordnance Depot, was alleged to have caused a loss of Rs.60.18 lakh through irregular procurement. The Armed Forces Tribunal ordered a General Court Martial (GCM) to be re‑assembled, but Singh contended that the GCM was barred by the three‑year limitation un…

The petitioner, a Major in the Indian Army, was accused of assaulting the regimental medical officer during a dispute over a steel almirah. An initial inquiry by the commanding officer found the allegation unsubstantiated, but higher commanders later concluded there was sufficient circumstantial evidence and ordered di…

The case arose from the loss of two pistols during a T‑90 tank conversion exercise of the 71 Armoured Regiment at Pokhran. The accused soldiers, Neeraj Kumar Dhaka and Sandeep Kumar, were convicted by a District Court Martial for theft and sentenced to rigorous imprisonment and dismissal. The Armed Forces Tribunal (AFT…

The appellant, an army signalman, stabbed a fellow soldier to death with a concealed kitchen knife after alleging verbal abuse. He was tried by a General Court Martial under Section 302 IPC read with Section 69 of the Army Act, convicted of murder and sentenced to life imprisonment and dismissal from service, a sentenc…

The appellant, a Commandant of the 48 BRTF (GREF), was alleged to have committed offences under IPC sections 166 and 167 between 5 January 1989 and 11 February 1992. A complaint petition was filed only in November 2000, based on a 1996 report, and the Judicial Magistrate took cognizance on 7 November 2000. The appellan…

The case involved Col. AnilteJ Singh Dhaliwal, an army officer convicted by a General Court Martial on four charges relating to alleged false statements, fraud, and omission in reporting losses. He appealed to the High Court, which quashed the Court Martial’s findings on the basis that key evidence – a letter (Ex Q‑10)…

The Commandant of 227 Company ASC (Supply) was dismissed by a General Court Martial (GCM) and his pension was forfeited by order of the President under Regulation 16(a) of the Army Pension Regulations. The Punjab & Haryana High Court quashed the pension forfeiture, prompting appeals by the Union of India and the office…

The petitioners, two female candidates who ranked higher than a male candidate in the JAG Short Service Commission selection, challenged a notification that allotted only three vacancies for women against six for men, alleging violation of Articles 14, 15, 16 and 19 of the Constitution. The Court examined whether, afte…

Ram Sunder Ram, a Petrol, Oil and Lubricants clerk in the Indian Army, was alleged to have received illegal money for the clandestine sale of gas. A court of inquiry found him guilty of a prejudicial act, after which he was shown cause; his reply was deemed unsatisfactory and he was discharged from service. He challeng…

Major Chandra Kumar Chopra was tried by a General Court Martial under the Army Act, 1950 for three offences involving fraud, misuse of Leave Travel Concession and improper use of a railway warrant. He challenged the composition of the court martial, alleging bias because he had lodged a statutory complaint against the …

The Supreme Court examined two writ petitions challenging termination orders issued under Section 19 of the Army Act read with Rule 14 of the Army Rules. Both petitioners had earlier faced General Court‑Martial proceedings that were either annulled or became time‑barred under Section 122. The High Courts had quashed th…

Sepoy Kulbeer Singh, after being posted to a new unit, failed to report and was absent without leave for 302 days, leading to a declaration of desertion under Section 106 of the Army Act. He later reported, was tried by a Summary Court Martial, pleaded guilty to unauthorized absence and loss of equipment, and was sente…

The case concerned several writ petitions filed under Article 226 of the Constitution challenging orders of the Armed Forces Tribunal (AFT). The Union of India argued that Sections 30 and 31 of the Armed Forces Tribunal Act, 2007, together with Articles 136(2) and 227(4) of the Constitution, bar High Court jurisdiction…

The appellant, a Colonel in the Army Ordnance Corps, was tried by a General Court Martial on three charges: corruption for accepting Rs 10,000, possession of ammunition without licence, and an act prejudicial to good order and discipline for possessing Rs 28,000 cash. The GCM convicted him of the first two charges and …

The appellant, a Lieutenant Colonel serving as Garrison Engineer, was convicted by a General Court Martial (GCM) for defrauding the Army by entering overpriced contracts for repair and replacement of equipment. He challenged the conviction on two grounds: (1) that the GCM was convened beyond the three‑year limitation p…

Bachan Singh, a Sepoy of the Indian Army, was tried by a General Court Martial (GCM) under the Army Act, 1950 for allegedly crossing the international border into Pakistan. The GCM found him guilty of an offence under Section 63, sentenced him to two years' imprisonment and dismissed him from service, and the sentence …

Vidya Prakash, a soldier in the Indian Army, was dismissed after being found guilty of being absent without leave by a summary court‑martial convened by his corps Commanding Officer, Major P.S. Mahant. He challenged the dismissal, contending that the Commanding Officer was not competent to preside over a summary court‑…

The accused, Devendra Nath Rai, while on quarter‑guard duty, refused to let three army personnel in civilian attire make a "lights out" entry, claimed they were terrorists, and opened fire, killing two soldiers and grievously injuring two others. He was tried by a General Court Martial under the Army Act and sentenced …

The respondent, a Deputy Commandant of the Assam Rifles, was tried by a General Court Martial (GCM) for four offences under the Army Act, 1950, including disobeying orders, unbecoming conduct, and falsifying official records, and was sentenced to dismissal from service. The High Court set aside the dismissal, holding i…

Major J.S. Brar was charged under Section 69 of the Army Act, 1950 read with Section 379 IPC for theft of army property. After an initial General Court Martial (GCM) found him guilty of one charge and acquitted him of another, the Confirming Authority ordered a revision under Section 160 and Rule 68 of the Army Rules, …

The respondent, a Junior Commissioned Officer in the Indian Army, was arrested in August 1990 and tried for an offence under Section 64(e) of the Army Act. Although he retired on superannuation on 31 August 1990, the Army extended his subjection to the Act until the trial concluded. He was convicted, sentenced to one y…

The appellant, a soldier, was involved in a drunken altercation at a farewell party where the deceased Dafadar Ram Pratap attempted to intervene and was later found stabbed to death. The appellant surrendered to police, gave a voluntary confession, and was tried before a General Court Martial, which convicted him of cu…

Man Kanhaiya Kumar enlisted in the Indian Army in 2009 using a falsified relationship certificate that claimed his father was an ex‑serviceman. After six years, a show‑cause notice alleged fraudulent enrolment and he was dismissed under Section 20(3) of the Army Act, 1950. The appellant challenged the dismissal before …

Major General H.M. Singh, the senior most Major General in the DRDO, was recommended by a Selection Board for promotion to Lieutenant General. As he was due to superannuate on 29‑Feb‑2008, the President granted two extensions of service under Army Rule 16A to allow his promotion to be considered. The Appointments Commi…

Major A. Hussain, a serving army officer, was charged with loss of classified documents and was tried before a General Court Martial (GCM). He was provided copies of relevant documents, an advance to engage a civilian defence counsel, and several defending officers were offered, which he declined. The GCM found him gui…

The appellant, a Lance Dafadar in the Indian Army, was charged with misconduct for touching a colleague's spouse and was tried by a Summary Court Martial (SCM) in May 2008, resulting in dismissal. The Armed Forces Tribunal (AFT) upheld the conviction but reduced the punishment to discharge, deeming dismissal disproport…

The petitioners, comprising the Extra Judicial Execution Victim Families Association and a human‑rights trust, alleged that the Manipur police and Union armed forces carried out fake encounters and extra‑judicial killings of civilians, many of whom were in custody, and that no FIRs were registered. They sought, under A…

The case involved Major R.S. Budhwar and two other soldiers who were convicted by a General Court Martial for abetment and commission of murders of senior army officers under Sections 302, 34 and 109 of the IPC read with Section 69 of the Army Act. The appellants challenged the convictions on the ground that the eviden…

The case concerned alleged irregularities in local purchase of goods at the 4th Reserved Petroleum Depot, leading to a series of inquiries and disciplinary proceedings against Lt. Col. V.N. Singh. After a Technical Court of Inquiry and a Staff Court of Inquiry implicated Singh, a General Court Martial (GCM) imposed for…

Nano Kishore Mishra was selected for a Short Service Commission in the Army Medical Corps but was denied because he was placed in Medical Category SHAPE‑II due to the amputation of his left ring finger. He contended that the injury occurred while he was on duty and therefore fell under the "active service" exception in…

The appellant, Col. Anil Kumar Gupta, was charged under Section 45 of the Army Act for conduct unbecoming an officer. The aggrieved officer wrote a letter on 13‑08‑2015 alleging that the appellant had sent indecent messages to his wife, which triggered disciplinary action. The question before the Supreme Court was whet…

The case concerned a Junior Commissioned Officer (JCO) who, after being placed in a permanent low medical category, was discharged from the Indian Army without the recommendation of an Invalidating Board. The respondent argued that under Army Rule 13(3)(i)(ii) a discharge on the ground of being "medically unfit for fur…

Raj Singh, a Territorial Army (TA) enrollee since 1995, was disembodied on 31 March 2008 and died on 4 August 2008 while in that disembodied state. His wife filed a writ petition seeking family pension, which was denied by the Armed Forces Tribunal on the ground that he had not completed the fifteen years of embodied s…

The petitioners, members of the General Reserve Engineering Force (GREF), were convicted by Court‑Martial under section 63 of the Army Act, 1950 for participating in a protest and were dismissed from service. They challenged the constitutional validity of applying section 21 of the Army Act and rules 19‑21 of the Army …

The case concerns the termination of several Indian Army officers in 1980 under Section 18 of the Army Act, invoking the constitutional doctrine of pleasure under Article 310. The officers challenged the termination as illegal, arbitrary, and violative of Articles 14, 16, 19 and 21, alleging lack of material evidence a…

The Supreme Court examined several writ petitions filed by army personnel who had been tried by Summary Courts Martial (SCM) convened by Commanding Officers (CO) of units other than the units to which they belonged. The Delhi High Court had held that only the CO of the accused's own unit could convene an SCM, while the…

The case concerned Havildar Purushottam, who was tried by a Summary Court Martial (SCM) for extortion and other misconduct, pleaded guilty, and was sentenced to reduction in rank. The SCM proceedings were later set aside by a Deputy Judge‑Advocate General acting as a reviewing authority under Section 162 of the Army Ac…

The respondent, Constable Ram Saran of the CRPF, was convicted by an Assistant Commandant exercising the powers of a Judicial Magistrate under Section 10(m) of the Central Reserve Police Force Act for unauthorised absence and sentenced to three months' imprisonment. The Sessions Court and the Himachal Pradesh High Cour…

M.M. Malhotra, a permanent commission officer of the Indian Air Force, was married to Roopa (Ruby) Malhotra under Hindu rites. The complainant alleged that Malhotra had an illicit relationship and had contracted a second marriage with Miss Anna Suja John, and that he brutally tortured Roopa. A disciplinary enquiry led …

The case concerned Major R. Metri, a Recruiting Medical Officer, who was convicted by a General Court Martial for helping candidates clear Army recruitment rallies in exchange for money, under the Prevention of Corruption Act and the Army Act. The Armed Forces Tribunal (AFT) set aside the court‑martial’s conviction und…

Colonel Ran Singh Dudee, an army officer, was tried by a General Court Martial (GCM) and sentenced to cashiering and imprisonment, but the proceedings were later annulled under Section 165 of the Army Act, 1950, and he was reinstated with loss-of-salary benefits. He was promoted to Lt. Colonel and later given a time‑sc…

Sardar Singh, a Jawan with ten years of service, was convicted by a summary court‑martial for carrying twelve bottles of liquor, seven of which exceeded his permitted allowance, while on leave. The court‑martial sentenced him to three months' rigorous imprisonment and dismissal from service. Singh appealed, alleging pr…

Col. Rajnish Bhandari appealed against the Union of India challenging the constitutionality of Section 497 of the Ranbir Penal Code (RPC) and the continuation of prosecution under Section 63 of the Army Act after an acquittal subject to confirmation. The Court, relying on the Joseph Shine judgment, held that Section 49…

Dalbir Singh, an army soldier posted to 3 Rashtriya Rifles, participated in a cordon‑and‑search operation on 13 August 2006 in Jammu and Kashmir. During an intense exchange of fire, a fellow soldier, Sapper Gurmail Singh, was killed and the militants seized the Light Machine Gun. Singh jumped over a stone wall, was wou…

The respondent, a serving army soldier, was tried by a General Court Martial (GCM) for six offences including absence without leave, theft of ammunition and possession of a counterfeit seal, receiving dismissal and seven years' rigorous imprisonment. He contended that some offences were committed while he was a juvenil…

Mohammed Ansari, a member of the General Reserve Engineering Force (GREF), sought non‑functional financial upgradation after completing the requisite service. He filed an original application before the Central Administrative Tribunal (CAT), which, despite a preliminary objection by the Government on jurisdiction, ente…

Neha Tyagi, the wife, lodged several complaints with the Army alleging her husband Deepak Tyagi's extra‑marital affairs; the Army enquiry cleared him. The husband subsequently filed a divorce petition on the grounds of cruelty and desertion, and the Family Court decreed divorce, which the Rajasthan High Court affirmed.…

The appellant, a Havildar/Clerk in the Ladakh Scouts with 17 years of service, was found to have participated in espionage during 1984‑85. A Court of Inquiry under Rule 177 of the Army Rules, 1954 confirmed his involvement, and the Army dismissed him under Section 20(1) of the Army Act, 1950, invoking the proviso to Ru…

The CBI investigated a 2000 fake encounter at Pathribal in Jammu & Kashmir, where five alleged terrorists were killed by members of the 7 Rashtriya Rifles, and filed a charge‑sheet against several army officers. The officers invoked Section 7 of the Armed Forces (Jammu & Kashmir) Special Powers Act, 1990, claiming that…

V.N. Saxena, an army officer, was terminated from service by the Chief of Army Staff on 13 November 1990. He challenged the termination through a writ petition under Article 226. The Uttarakhand High Court set aside the termination, relying on the Supreme Court’s decision in Major Radha Krishnan, which held that a cour…