...has supposedly not applied the mandatory provision of Army Rule 180 while carrying out such investigation and, therefore, he has been denied his statutory right to natural....”4. In the absence of such mandatory safeguards as stipulated in the Army Rules, it would be improper for the authorities to initiate disciplinary action against the petitioner. Neither...justice.2. The short and moot issue is the non-application of Army Rule 180 while conducting a Court of Inquiry in which the military reputation and character of an individual is...

...involved, was not followed in both the cases. Courts of Inquiry were the foundations for investigation the allegations against the petitioner. Army Rule 180 is mandatory, if and when, Court of Inquiry is...on the false accusations and contradictions in their complaints. A judicial review of Courts of Inquiry and non-compliance of Army Rule 180 vis-a-vis violations of mandatory provisions of law in GCM...held as it is in the nature of preliminary investigations. The mandatory provision is to be followed when a person is liable to be charged with an indictable offence. Thus very process of taking...

.... 7. Army Rule 180 has a mandatory import. In the decision reported in Col. Prithi Pal Singh Bedi v. Union of India (AIR 1982 SC 1413), the apex Court held...of Inquiry is required, by mandatory Army Rule 180, to observe the principles of natural justice and, therefore, even during the course of investigation, a Court of Inquiry cannot flout the rules of...the presence of the accused during the Court of Inquiry. This rule has the mandatory import and cannot in any way be given a go by, merely because the offender was in judicial custody of...

...others (1982(2) SLR 782), wherein Army Rule 180 was held to be having mandatory import. In view of the decision in Bansals case (supra), it is a statutory protection...particular witness is likely to affect his character or military reputation, and (4) such a person has a right to produce evidence in defence of his character or military reputation. It is the mandatory duty...aggrieved person to examine any of the witnesses in his defence. The right under Army Rule 180 was denied to him without any justified reasons. 2. However, from the side of the...

...mandatory requirement and its non-observance will vitiate any subsequent disciplinary proceedings. In the case of officers, the rule becomes equally mandatory if the accused officer requires its observance...unless it is shown that the accused has been prejudiced or a mandatory provision has been violated. One may usefully refer to Rule 149 quoted above. The High Court should not allow the challenge to the...respondent was afforded full opportunity to be present throughout the proceedings in the court of inquiry in accordance with Army Rule 180 and for submitting anything in his defence. The Court of Inquiry...

...punished with dismissed from service. 3. A Court of Inquiry was ordered by the Station Headquarters. The Court of Inquiry violated the mandatory provisions of Army...Summary Court Martial by his Commanding Officer, Col. A.K Pandey. This Summary Court Martial violated the basic mandatory provisions of the Army Act/Rules as well as the...irregularities, it was admitted that while a Court of Inquiry has been held in February 1997, Army Rule 180 has not been applied. However, the individual has given his statement as a...

...., in which the Honble High Court of Delhi held that Rule 180 is mandatory in character due to the word must used in the Rule. Court of Inquiry proceedings vitiated on account of violation of Rule...Staff (Delhi) in which the Honble High Court (DB) maintained that compliance to the requirements of Rule 180 is mandatory. The language of the Rule is certain and unambiguous, capable of only one...convened to investigate the same in which the applicant was called as a witness. Army Rule 180 was not applied. On TA No.512 of 2009 Ex. Lt. Col. (TS) B.K. Mall Page 3 of 15 completion of the COI in...

.... The rule is mandatory and statutory; duly invoked in the inquiry against him in December 2007. Use of words “must” and “shall” be seen. Onus on inquiry officer to give “full and clear notice” is...specific. “Full opportunity” and not “reasonable opportunity” specified; being pari materia to Section 8(b) of the Commissions of Inquiry Act, 1952. AFT acknowledged it as mandatory as in R.D. Sharma...this complaint, a “discreet inquiry” was ordered and because of this reason, promotion of the Officer was withheld, pending discipline and vigilance clearance which is mandatory for according such...

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...Union of India & Ors Vs Sanjay Jethi (2013) 16 SCC 116 has taken a view that in the case of violation of a mandatory provision such as Army Rule 180, the question of prejudice would not...accused or violation of a mandatory provision, vitiate the court martial; (ii) procedural defects unless vital and substantial will not affect the trial (iii) the.... The decision in the case of Sanjay Jethi basically relates to Army Rule 180, whereas for the reasons recorded in the order dated 23.09.2011, this Tribunal has rejected the arguments advanced on behalf...

..., the documents were not given to the applicant warranting judicial review by this Tribunal. We find that the mandatory procedure under AR 180 was not followed by the respondents with regard to those...to it. CoI is in the nature of a fact-finding inquiry committee. The learned Judges proceeded to state that:“7. … Army Rule 180 provides, inter alia, that whenever any inquiry...be heard or that a summary of evidence be recorded or that a court martial be convened. Principles of natural justice are not attracted to such a preliminary inquiry. Army Rule 180, however, which is...

...are mandatory and in fact they place an obligation upon the Presiding Officer to ensure compliance of said provisions in its true spirit and substance. In the event of non-compliance, the findings and...rights, under this rule. 16. To examine whether the requirements of Rule 180 are mandatory or directory and its effect on the case of the petitioner with reference to the facts and...mandatory cannot be treated to be directory at the discretion of the respondents. The petitioner had taken a definite stand during the course of proceedings and immediately thereafter that the non...

...followed during Court of Inquiry then hearing of charge under Rule 22 could have been dispensed with. It is also pleaded that compliance of Army Rule 22 is mandatory as held....7. Learned counsel for the appellant has argued that because of the violation of the mandatory provisions of the Army Act and the Army Rules, which the applicant...the accused has been prejudiced or a mandatory provision has been violated. Thus, in view of the aforesaid pronouncement, in this case wherein the appellant himself has pleaded guilty cannot claim that...

...Rule 180 is mandatory. In view of above we are of the view that Army Rule 180 has not been complied with in letter and spirit.17. Now we come to third limb of argument that it is a...is mandatory.6. After the court of inquiry, summary of evidence was recorded and it is not disputed that the applicant has participated in the summary of evidence in accordance...witnesses, the applicant and other charged officers were called for compliance of Army Rule 180. Applicant appeared as witness No. 19 to cross examine the prosecution witnesses. Others were also given...

...Enquiry would not make the detention of the petitioner illegal. Further it has to be borne in mind that holding of a court of enquiry is not a mandatory pre-requisite for initiating disciplinary action...than the petitioner.3. The Court of Enquiry proceedings were held in violation of Army Rule 180 inasmuch as certain witnesses were not allowed to be cross examined by the petitioner...

...complied with the mandatory requirements of supplying the pre-trial documents 96 hours in advance, which was a statutory right as enshrined in the army act and the rules made thereunder. This has...mandatory. Authorities are at full liberty to hear the case under Army Rule 22 and thereafter proceed with recording of the summary of evidence should it be so ordered. In this...wherein it was mandatory to constitute a Court of Inquiry before recording the summary of evidence. During the hearing of charge under AR 22 on 15.12.2006, witnesses were produced and the accused was...

...respondents by specifying that no Court of Inquiry had been held in this particular case since a Court of Inquiry is not mandatory. Therefore, there was no occasion to apply Army Rule 180 against the petitioner..., the fact of a fair and just trial is apparently disputed due to lack of TA NO. 217 OF 2010 signatures of the petitioner on his plea of guilt or on the mandatory caution under Army...Army Rule 180 was never applied in the initial investigation into his absence. He was not given a fair hearing under Army Rule 22 and even the recording of summary of...

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..., which is mandatory in view of law settled by Hon'ble Supreme Court in the case reported in Military Law Journal 2013 SC 1 Union of...officer. From Court of Inquiry reasonably it may be inferred to be suffering from two lapses; (1) Army Rule 180 has not been complied with; and (2) there seems to be no eye...respondents proceeded with pre-decided mind to spoil petitioner's career by holding him guilty, that too without following the provisions contained in Army Rule 180. The opinion of...

...fully understands his rights under the Rules. A question that is often asked in any action challenging the Court of Inquiry proceedings is whether Rule 180 supra is mandatory or directory in nature...question as to whether a statute is mandatory or directory depends upon the intent of the Legislature and not upon the language in which the intent is clothed. The meaning and intention of the Legislature...Lordships were examining the question whether Article 320 of the Constitution of India was mandatory or directory in...