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HC declines to interfere with District Court Martial
9/8/2010 9:54:06 PM
EARLY TIMES REPORT
JAMMU, Sept 8: In a petition filed by AD Paul who joined Indian Air-Force in the year 1984 and in the month of October, 1991 he suffered from severe chest pain and applied for leave which was granted and he was allowed to go to his native village. The petitioner was arrested by the Air-Force Authority on the allegation that he remained absent without leave. District Court Marital was held under Air Force Act and petitioner was awarded 15 days detention and dismissed from service, which was challenged by the petitioner.
Justice Sunil Hali of Jammu & Kashmir High Court (Jammu Wing) observed that District Court Martial has sufficiently discharged his judicial function. Its proceedings indicate that due care and caution has been taken by the Court in adhering to the provisions of the Acts and Rules on the subject. Its responsibility to protect the rights of the petitioner charged before it by providing all the procedural safe-guards, has been properly discharged by it. The rejection of the case of the petitioner by the Chief of Air Staff, perusal of the rejection order reveals that the same had been passed by the competent authority after due application of mind. With these observations High Court dismissed this petitioner that there is no merit in it. (JNF)
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