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Para 364(k) 0f regulation for the army

Guest (Querist) 05 February 2012 This query is : Resolved 
My Statutory Complaint under Army Act 27 to the Govt of India(while in office) has been disposed of by the COAS with partial redressal without referring it to the Govt of India. Army HQ is invoking para 364(k) as the auth for the COAS to dispose of statutory Complaint made under Army Act 27. Para 364(k) talks about procedures in which any sub-ordinate authority is to submit its recommendations to the authority where the complaint is addressed to.Power / auth is not delegated to COAS to dispose of a statutory complaint made by an officer under AA sec 27.
I am now retired but would like to get the complaint redressed fully.What are my options ? To whom should I make a petition?
Sudhir Kumar, Advocate (Expert) 29 December 2012
I can reply if queries promises not to humiliate
Guest (Expert) 29 December 2012
Dear Haridas,

By the way, what do you understand by the term "statutory" and which type of complaint is of statutory nature?
Guest (Querist) 30 December 2012
Section 27 in The Army Act, 1950 1
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.

Any complaint made under Army Act 27 fulfilling the conditions "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"
Is considered statutory and must be disposed of only by the Govt of India even if partial redresal is granted by any intermediate authority in the channel of command upto the govt of India (Min of Defence).
Guest (Expert) 30 December 2012
You were not required to reproduce the contents of section 27 of the Army Act. Since your query strangely started with the words, "My Statutory Complaint under Army Act 27," I had put a very simple question to know, whether you actually know what the term "statutory" means for you and which type of complaint is a statutory complaint for you?

But instead of replying my query, you just reproduced the contents of the section 27.
Sudhir Kumar, Advocate (Expert) 30 December 2012
I understand what is statutory complaint.

I can reply if Mr Mandal promises not to humiliate.
Guest (Expert) 30 December 2012
Dear Sudhir,

The query was about statutory complaint. Clarification was sought from Mr. Haridas Mandal, as I don't want to know the meaning of the word "statutory", but what Mr. Haridas treats of statutory nature in his own complaint.
Guest (Querist) 30 December 2012
I think I am misunderstood. I reproduce the AA 27 to say any complaint made by an officers of the Indian Army (The term officer means only Commissioned Officers of the Army. So my being a commissioned Officer in the Army I had the option to prefer a Non-Statutory Complaint or a statutory complaint under A 27 independent of Nature of the complaint.
Sudhir Kumar, Advocate (Expert) 31 December 2012
I understand what is S/27 of Army Act and what is statutory complaint.

I can reply if Mr Mandal promises not to humiliate.
V R SHROFF (Expert) 31 December 2012
The Query is 11 months old,

That too against Defense Ministry, where we believe no corruption, no misuse of judiciary procedure.

Martial Laws do not recognize our Civilian Laws.

And this angry retired man want to fight against his bread-giver, using his pension amount and do not know what can be achieved out of this struggle.

He must be aware of such cases being in Dept as officer. Whether it is time barred??? Whether it is worth to spend time and money on such issues??

Sudhir, if u have understood, and can guide him, OK, help him, and in case he humiliate you, we all will do the needful, you don't worry about it.
Guest (Expert) 31 December 2012
Dear Sudhir,

If you know what is statutory complaint, kindly do explain that. That would help me to enhance my knowledge also.
Sudhir Kumar, Advocate (Expert) 31 December 2012
I politely disagree with view of Mr Shroff. Defence forces also do have corruption. These organistion too have employee-employer disputes which go to court. Like any public organization are are amenable to the law of the land, answerable to parliament and judiciary. It is Constitution of India which has empowered parliament to legislate so that is why they legislated Army Act. The Act empowers Govt to frame rules and so the rules are there.


I understand what is S/27 of Army Act and what is statutory complaint.

I know remedy available in this case.

I can reply if Mr Mandal promises not to humiliate.







V R SHROFF (Expert) 31 December 2012
11 months old Query,
Sudhir,

u try to read in between the lines.

understand why u say "if Mr Mandal promises not to humiliate. "

He is retired defence personnel.

Guest (Querist) 31 December 2012
This thread was continued after 11 months by somebody else.And my polite request to Mr Advocate Shroff- Pl do refrain from name calling.I have always said and stand by that - If you are not willing to reply any thread whether posted by an angry retired general like Gen VK Singh or Col Mandal or by some one who wish to get a second opinion as he/she wish to cross check it is the issue that matters. Time barring under Sec 122 of the Army Act has been interpreted so differently by the High Court, Tribunals and even the Supreme Court it does call for a debate in a forum like this.
Arguments and counter arguments are part of life especially for a Lawyer. I am sure Advocate Sudhir will not find any extra-ordinary motive in those communications or may be mis-communications. My request to Sudhir would be to share his knowledge as it will not only help me but others in this forum as well.


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