Army Rules, 1954

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…

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…

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…

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…

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. …

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…

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…

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…

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…

Narain Singh, a driver in the Indian Army, served for over 13 years and accrued four red‑ink entries between June 1993 and May 1994. The Army discharged him under Rule 13(3)(III)(v) of the Army Rules, 1954 solely on the basis of those entries, before he could complete his pensionable service. Singh challenged the disch…

The appellant, a Havaldar in the Indian Army, was discharged in 2001 after being diagnosed with AIDS based on a medical report that linked his HIV-positive status with neuro‑tuberculosis. He challenged the discharge, arguing that the diagnosis was erroneous, his CD4 count remained above the threshold prescribed in the …

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. …

The appellant Union of India sought to set aside an Armed Forces Tribunal order that granted disability pension to ex‑sepoy R. Munusamy, who had been discharged in 1997 as an undesirable soldier under Army Rule 13(3) III(v) on administrative grounds. Munusamy later claimed a pension for a right partial seizure diagnose…

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…

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 …

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, …

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…

Vijay Shankar Mishra, an officer of the Army Medical Corps, was discharged under Rule 13(3) Table III(v) of the Army Rules, 1954 on the ground of unsatisfactory conduct and was denied a disability pension. He had accrued six red‑ink entries and had served 13 years 8 months, short of the 15‑year qualifying period for pe…

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 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…

Surinder Singh Rathore, a Signal Man in the Indian Army, was discharged in 1993 with a 30% disability due to maculopathy of the eye. The Release Medical Board concluded that his disability was neither attributable to nor aggravated by military service, and consequently his claim for a disability pension was rejected. T…

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…

Manjeet Singh joined the Indian Army in 1999 and was later diagnosed with generalized tonic‑clonic seizures and neurotic depression, leading to his invalidation in 2002 with a composite disability of 20%. The Medical Board denied him a disability pension, concluding the ailments were constitutional and unrelated to ser…

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 Jaswant Singh was dismissed and sentenced to six months' rigorous imprisonment by a Summary Court Martial for assaulting a superior officer. He sought to engage a civil advocate under Rule 129 of the Army Rules, 1954, but the Commanding Officer denied the request, relying on Regulation 479 which permits legal cou…

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‑…

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 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 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 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…

The case concerned Dipak Kumar Santra, who was discharged from the Indian Army after failing the clerks' proficiency and aptitude tests. He filed a writ petition challenging his discharge, arguing that the competent authority lacked power under Rule 13(3) of the Army Rules, 1954, and that the Calcutta High Court had no…

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 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…

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 …

Ram Khilawan, an ex‑sepoy (washerman) who joined the Indian Army on 23 Oct 1987, was discharged on 31 Aug 1993 on medical grounds after being placed in a permanent Low Medical Category (BEE) due to a CNS seizure. He challenged the discharge, arguing that it was made under Rule 13(3)(III)(v) of the Army Rules, 1954, wit…

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…

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…

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…