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Tribunals and CommissionsDivision Bench(2020) 07 AFT CK 0002

Raju Popat Bhai vs Union Of India And Others

Armed Forces Tribunal · Decided on 8 July 2020

HON’BLE JUDGES
Sunita Gupta, J · Philip Campose, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 639 Of 2015, Miscellaneous Application 686 Of 2015

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Judgment

34 paragraphs · 331 words

S.No,Date of award,Under Army Act,Punishment awarded,"Unit where

Punishment

awarded

a.,03/12/1988,41,"28 days RI in Military

Custody","302 Field

Ambulance

b.,13/4/1991,41(2),"14 days RI in Military

Custody","423 Field

Ambulance

c.,18.02.1997,48,"14 days RI in Military

Custody",ALC Pune

d.,25.03.1997,39a,"28 days RI in Military

Custody",ALC Pune

e.,20.06.1998,48,7 days Pay fine,ALC Pune

f.,04.06.1999,39a,"14 days RI in Military

Custody",ALC Pune

g.,09.09.1999,48,"07 days RI in Military

Custody","Adm Bn AMC

C & C

h.,24.11.1999,48,"07 days RI in Military

Custody","Adm Bn AMC

C &, C

13 years and 302 days after deducting 'non-qualifying service', viz, the period he was absent from duty without permission, of his own accord.",,,,

14.

Note 2 to Para 5 of the Army HQ Policy letter of 28.12.1988 mandates that personnel who have been awarded more than four red ink entries,,,,

must not be discharged in a mechanical manner but that ""Commanding Officers must consider the nature of the offences for which each red ink entry",,,,

has been awarded and not be harsh with the individuals, especially if they are about to complete pensionable service"". However, in the case of the",,,,

applicant, we find that the Commanding Officer has been avoidably harsh in recommending discharge at a time that the applicant was just short of one",,,,

year and 63 days of pensionable service. Clearly, in our opinion, the Commanding Officer did not exercise discretion as he was required to do, in",,,,

keeping with the extant policy.,,,,

15.

In the result, we condone the shortfall of one year and 65 days of service qualifying for pension and award pension to the applicant. However,",,,,

keeping in view the delay in filing this application, he will be entitled to arrears only for a period of three years preceding the date of filing of this OA,",,,,

viz. 28.08.2015. Arrears to be paid within a period of four months, otherwise they will attract interest @ 6% per annum.",,,,

16.

OA stands disposed of in terms of the above. No order as to costs.,,,,

Pronounced in open court on this 8th day of July, 2020.",,,,