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L. NAGESWARA RAO, B. R. GAVAI
Union of India – Appellant
Versus
Major R. – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. These two cross-appeals challenge the judgments and orders passed by the learned Armed Forces Tribunal, Regional bench, Kochi (hereinafter referred to as “the learned AFT”) dated 2nd March, 2017, passed in O.A. (Appeal) No.2 of 2014 and 30th May, 2017, passed in M.A. No.271 of 2017.
2. Criminal Appeal No.2196 of 2017 is filed by the Union of India and others, challenging that part of the judgment and order dated 2nd March, 2017, of the learned AFT, vide which the learned AFT, while setting aside the order of conviction, under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the P.C. Act”) read with Section 69 of the Army Act, 1950 (hereinafter referred to as “the Army Act”) and the sentence of cashiering from service and suffering of rigorous imprisonment for one year, dated 28th April, 2013 passed by the General Court Martial (hereinafter referred to as “GCM”), has convicted the respondent-Major R. Metri (appellant in connected appeals being Criminal Appeal Nos.537-538 of 2018) [hereinafter referred to as “the respondent-officer”] under Section 63 of the Army Act, and in turn, sentenced him to punishment of forfeiture of se
(1) If view taken by Armed Forces Tribunal is found to be a plausible one, it will not be permissible for this Court to interfere with same only because this court finds other view to be more probabl....
The sharing of sensitive information by a military officer, jeopardizing security, constitutes willful negligence warranting reprimand, regardless of prior findings of not guilty.
There are inherent limitations on jurisdiction of Apex Court and it will not be permissible to reappreciate evidence as recorded by GCM unless Apex Court finds that material factors have been either ....
Termination of service is permissible under Section 10 of the Border Security Force Act when the trial is deemed impracticable or inexpedient, especially after non-confirmation of charges by the Conf....
Judicial review under Article 226 is applicable to court-martial proceedings, ensuring protection of fundamental rights and addressing jurisdictional errors.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
The presumption under Section 20 of the Prevention of Corruption Act (P.C. Act) can only be drawn if the prosecution proves the foundational facts, such as demand and acceptance of bribe. In the abse....
For convictions under corruption laws, prosecution must conclusively prove demand, acceptance, and recovery of bribe alongside establishing a clear conspiracy. Inconsistencies in testimonies undermin....
The court established that an accused's failure to explain conduct during police presence cannot be used to infer guilt under the Prevention of Corruption Act.
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