https://www.taxtmi.com/caselaws?id=311647 Section 122 of the Army Act bars commencement of court-martial trial after three years from the offence, or from the first date when the offence is known to the aggrieved person or competent authority, whichever is earlier. On the facts, the officer's letter dated 13.08.2015 showed awareness of the alleged misconduct and identified the alleged offender, so limitation ran from that date. The order dated 22.11.2018 directing trial by General Court Martial was therefore time-barred and set aside. The disciplinary proceedings arising from the charge-sheet were nevertheless allowed to continue in accordance with law, as judicial review did not extend to merits absent legal or procedural infirmity. en-us Mon, 07 Nov 2022 00:00:00 +0530 Sat, 06 Jan 2024 06:43:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311647 Section 122 of the Army Act bars commencement of court-martial trial after three years from the offence, or from the first date when the offence is known to the aggrieved person or competent authority, whichever is earlier. On the facts, the officer's letter dated 13.08.2015 showed awareness of the alleged misconduct and identified the alleged offender, so limitation ran from that date. The order dated 22.11.2018 directing trial by General Court Martial was therefore time-barred and set aside. The disciplinary proceedings arising from the charge-sheet were nevertheless allowed to continue in accordance with law, as judicial review did not extend to merits absent legal or procedural infirmity. Case-Laws Indian Laws Mon, 07 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311647