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Supreme Court of India 2020-01-17 dismissed

Union of India & Ors vs Chandra Bhushan Yadav

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this civil appeal, the Supreme Court examined whether the Air Force Act and Court Martial proceedings are subject to the Code of Criminal Procedure, 1973. The Union of India challenged a Tribunal's direction requiring the Air Force to pay 50 per cent of arrears of salary to Chandra Bhushan Yadav. The Court held that the Air Force Act is a special law governing Court Martial procedure, independent of the CrPC, and therefore the Tribunal's finding that authorities must report offences to civil police was unsustainable. Critically, finding no evidence connecting the Respondent to the alleged illegal transportation of POL, the Court dismissed the appeal and upheld the Tribunal's judgment.

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Military Law Air Force Rules Court Martial Criminal Procedure Salary and Arrears Administrative Tribunal

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