JOSEPH SHINEversusUNION OF INDIA
2023 INSC 8731 January 2023Disposed off
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 …
AJMER SINGH ETC. ETC.versusUNION OF INDIA & ORS.
1987 INSC 14229 April 1987Dismissed
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…
ANUJ KUMAR DEY AND ANR.versusUNION OF INDIA AND ORS.
1996 INSC 140028 November 1996Appeal(s) allowed
Anuj Kumar Dey enlisted in the Indian Navy as an Artificer Apprentice on 12 August 1971, took the oath of allegiance, and underwent four years of training before being promoted to Electrical Artificer in August 1975. After his release on 31 January 1988, the Navy denied him pension benefits on the ground that the train…
CDR SEEMA CHAUDHARYversusUNION OF INDIA AND OTHERS
2024 INSC 14726 February 2024Disposed off
Commander Seema Chaudhary, a Short Service Commissioned officer in the Indian Navy's Judge Advocate General's Branch, was denied a Permanent Commission (PC) on the ground of lack of vacancies despite the Supreme Court's earlier directions in Lieutenant Commander Annie Nagaraja's case that women SSC officers be consider…
UNION OF INDIA AND ORS.versusSHIVENDRA BIKARAM SINGH
2003 INSC 25424 April 2003Dismissed
The respondent, a naval officer, was convicted by a Court Martial for offences under the IPC and the Navy Act. He challenged the conviction, arguing that three members of the Court Martial were incompetent to act as impartial judges and that the trial Judge Advocate had summarily rejected his objections without referri…
UNION OF INDIA & ORS.versusR. KARTHIK
2020 INSC 6221 January 2020Dismissed
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…
SAMRENDRA BEURAversusU.O.I. & OTHERS
2013 INSC 35020 May 2013Disposed off
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. COL. VIJAYNATH JHAversusUNION OF INDIA & ORS.
2018 INSC 54018 May 2018Dismissed
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.…
UNION OF INDIA & ORS.versusCDR. RAVINDRA V. DESAI
2018 INSC 36118 April 2018Dismissed
Commander Ravindra V. Desai was convicted by a court‑martial of making obscene telephone calls to the wives of three naval officers, resulting in dismissal from service and forfeiture of 24 months' seniority. The Armed Forces Tribunal (AFT) upheld the conviction on seven charges but substituted the dismissal with loss …
UNION OF INDIA & ORS.versusLT. CDR. ANNIE NAGARAJA & ORS.
2020 INSC 30017 March 2020Disposed off
The case concerned women Short Service Commission (SSC) officers of the Indian Navy who, after completing fourteen years of service, were denied consideration for Permanent Commission (PC) despite policy letters and regulations indicating such a right. The petitioners challenged the 2008 policy letter that made PC gran…
UNION OF INDIA AND ANR.versusP.D. YADAV
2001 INSC 50916 October 2001Appeal(s) allowed
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…
AJAY KUMAR SINGHversusTHE FLAG OFFICER COMMANDING-IN-CHIEF & ORS.
2016 INSC 52213 July 2016Dismissed
Three naval personnel (AK Singh, UK Singh and DK Singh) were accused of a bank robbery at the Andhra Bank counter in INS Virbahu. The Court Martial convicted AK and UK, dismissing them with disgrace, while the Armed Forces Tribunal later affirmed their convictions based on eyewitness testimony of the bank manager (PW‑1…
UNION OF INDIAversusHIMMAT SINGH CHAHAR
1999 INSC 24212 May 1999Appeal(s) allowed
Himmat Singh Chahar, a petty officer in the Indian Navy, was convicted by a Court Martial for outraging the modesty of a woman under Section 354 IPC and Section 77(2) of the Navy Act, receiving a nine‑month imprisonment and dismissal. He appealed to the Chief of Naval Staff and the Central Government, both of which uph…
UNION OF INDIA & ORS.versusMAJOR GENERAL SHRI KANT SHARMA & ANR.
2015 INSC 20611 March 2015Disposed off
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…
S.K. JHA COMMODREversusSTATE OF KERALA AND ANOTHER
2011 INSC 2811 January 2011Dismissed
Three Naval Officers were arrested for offences under the Indian Penal Code and were remanded to judicial custody. The Commanding Officer of their naval unit applied to the magistrate for the accused to be handed over for trial under the Navy Act, 1957 (court‑martial). The magistrate rejected the application, holding t…
UNION OF INDIA AND ORS.versusR.P. YADAV ETC.
2000 INSC 31310 May 2000Appeal(s) allowed
The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they had been misled abou…
EX NAVY DIRECT ENTRY ARTIFICERS ASSOCIATION & ORS.versusTHE UNION OF INDIA & ORS.
2018 INSC 4618 May 2018Dismissed
The appellants, former Direct Entry Artificers of the Indian Navy, served ten years of active duty and claimed that they were automatically placed in the Fleet Reserve for another ten years, with fifty percent of that period counting toward the fifteen years of service required for a pension. The respondents contended …