Statutory complaint under army act 27
Guest
(Querist) 21 November 2011
This query is : Resolved
Can Chief of Army Staff dispose of a Statutory Complaint made under AA section 27 addsd to Govt of India? If Yes under what provisions? If No what is the remedy if COAS has done it?
Raj Kumar Makkad
(Expert) 21 November 2011
In Civil Misc. Writ Petition No.17089 of 1994 titled Chandra Bahadur Khetri Vs. Union of India, through Chief of the Army Staff and others, Allahabad High Court has clearly defined power of Chief of Army Staff to decide such matter under AA section 26 read with Rule 364 of the Defence Services Regulations.
Guest
(Querist) 22 November 2011
Here I att AA 26 & AA 27 for your comparison to conclude whether remedy for officers is different from remedy for persons other than officers.
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27. Remedy of aggrieved officers—Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the Central Government in such manner as may from time to time be specified by the proper authority.
NOTES
1. It is the custom of the service to forward every complaint through the CO if the unit, and an officer would not be justified in deviating from this course, unless the CO should refuse, or unreasonably delay, to forward it. In such a case, an officer, on addressing himself directly to higher authority, should apprise his CO of his doing so, and should observe in the channel of approach to the Central Government each intermediate gradation of command in so far as he is concerned.
2. CO : see AA.s.3(v);
Superior Officer: see AA.s.3(xxiii).
3. Deems himself wronged: see note 2to AA.s.26
4. This sec is not available to officers seconded for service with a civil department of a State, in respect of matters arising in the coarse of seconded employment
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5.Although the complaint is to the Central Government an intermediate authority is not debarred from expressing his own view of the case, and such an expression of opinion may even in some cases suffice to render further steps unnecessary.
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See also notes 7 and 9 to AA.s.26.
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26.Remedy of aggrieved persons other than officers.—(1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may, if not attached to a troop or company, complain to the officer under whose command or orders he is serving; and may, if attached to a troop or company, complain to the officer commanding the same.
(2) When the officer complained against is the officer to whom any complaint should, under, sub-section (1), be preferred, the aggrieved person may complain to such officer's next superior officer.
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority.
(4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority.
(5) The Central Government may revise any decision by the (Chief of the Army Staff)1 under sub-section (2), but, subject thereto, the decision of the (Chief of the Army Staff)1 shall be final.
NOTES
1. For further information regarding complaints and petitions generally, see Regs Army Para 361.
2. To come within this section or AA.s.27, the complaint must be that the complain ant has been denied or deprived of something to which he has a military right. A non-regular officer applicant for a permanent regular commission has a right to have his
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1 Substituted by Act No. 19 of 1955.
application fairly considered but has no right to be granted such a commission, consequently he cannot complain under AA.s.27 if his application is refused unless he can produce some evidence that his application was not properly considered. Similarly a JCO or OR who is refused compassionate leave or a compassionate posting has no right of complaint under this section unless he can produce some evidence of improper motive for the refusal of leave, etc.
3. Complaints may be made respecting such matter, but can be made by an individual only. The combined complaint of several can never be permissible, but should not, if well founded, be treated as mutinous, where it is plain that the only object of those making the complaint is to procure redress of the matter by which they think themselves wronged.
4. A person can only complain once under this section in respect of any such matter.
5. A complaint cannot legitimately be preferred to a superior officer except in the regular course defined by this section. The channels through which complaints must be preferred are specified in Regs Army Para 361, and it is only where the immediate superior refuses or unnecessarily delays to redress or forward the complaint that direct application can be made to higher authority. The officer in question ought to be informed of the application being made to his superior. For definition of 'officer' and ‘superior officer' see AA.s.3(xviii) and (xxiii) respectively.
6.The authority competent to dispose finally of the matter, complained of is the officer who, in pursuance of regulations or the custom of the service, is authorized to dispose of that matter. As a rule, he is the next superior officer to the officer against whom the complaint is made. If however, a person thinks himself wronged by his commanding officer in respect of his complaint not being redressed, it has been held that he may complain to the brigade commander.
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7.A false accusation or false statement made in preferring a complaint under this section or AA.s.27 is punishable under AA.s. 56(b); but the mere fact that a complaint appears to be baseless, or even frivolous, does not render the maker liable to punishment. As to the repetition of baseless complaints, or the submission of complaints in disrespectful language, see notes to AA.s.63.
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8. The persons to whom this section applies have no right to petition to the Central Government on matters arising out of their military service.
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9. For petition against order, finding or sentence of court-martial; see AA.s.164 and notes thereto.
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Guest
(Querist) 22 November 2011
Dear All
I request your critical interpretation of Note 5 of AA sec 27 which in my view may be important est whether COAS has the right to merely express his views or dispose it off finally with partial redressal.
Guest
(Querist) 22 November 2011
Dear Sri M Sheikh
I don't exactly follow. Would you pl elaborate?
prabhakar singh
(Expert) 22 November 2011
M Sheikh saying he has caught black sheep. They are duo but he does not practice dualism.
Guest
(Querist) 23 November 2011
I am too law illiterate to understand your lawful jokes. Sorry.
