Military and Service Law Weekly
This week in military and service law: Kerala HC on investigating officer as Navy court martial prosecutor, AFT quashes censure after 16-year delay, Madras HC on maternity leave and promotion, and more.
-
-
Kerala High Court: Investigating Officer Can Act as Prosecutor in Navy Court Martial
Kerala High Court in Union of India v. Santosh Karwade (23 Sept 2026) upholds Regulation 178(3) of Navy Regulations and allows an investigating officer to prosecute the same court martial.
-
Court-Martial Defence | Case Results & Judgments | Disciplinary proceedings | Paramilitary Legal Support
weekly brief on Service Law Judgments
Five recent decisions from the Kerala, Madras, MP and J&K High Courts and the AFT on who may act, when, and in which forum, explained for Armed Forces, CAPF and Government employees.
-
AFT Quashes Censure After 16-Year Delay, Orders Promotion Review for Lt Col
The Armed Forces Tribunal set aside a censure on a Lt Col after a 16-year, two-COI process, holding unexplained delay vitiated the action and directing promotion review with his batch.
-
High Courts Cannot Be Used to Bypass the 90-Day AFT Appeal Limitation: Kerala High Court Clarifies the Law
Can the Government challenge an Armed Forces Tribunal order under Article 226 after allowing the statutory appeal period to expire? The Kerala…
-
Court Orders Are Not Optional: Delhi High Court Crushes IAF’s Bid to Dodge AFT Premature Discharge Order
Delhi High Court dismisses Union of India’s writ against AFT order granting premature discharge to IAF airman Cpl Hardeep Singh Khalsa – a strong precedent on enforcing Tribunal orders and administrative accountability.
-
Out-of-Turn Promotion for Outstanding Sportspersons Cannot Be Denied for Administrative Delay: AFT
The Armed Forces Tribunal has held that a soldier who won a Silver Medal at the Senior National Rowing Championship cannot be denied his out-of-turn promotion under the Army Sports Promotion Policy because of a delayed NOC. The AFT directed retrospective promotion to Havildar with all consequential benefits and re-fixation of seniority.
