Can defence has the power to punish its personnel more than 1 time for the same offence?

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
Dear Emminent Lawyers,
I have just seen one of the anonymous blog and was trying to help that person. however since I am not a LLB or experience into Defence Law, I am unable to help that anonymous person.

This is the case of deserters in Defence i.e. Army/Airforce/navy as per the policy, Air force dismiss the personnel after 3 years of desertion. It is also mentioned that Dismissal is one of the most severe punishments given by court martial(court of airforce/army). however it seems that even after the dismissal the personnel can not lead a normal life. in this case the deserter's NOK is also given the Dismissal order that clearly states that the personnel has deserted without any arms and ammuniation and committing any serious offence.

The point here is since the personnel is already dismissed for being deserter for 3 years and has not deserted with arms and ammuniation and has not committed any serious offence. How can the personnel can be punished again for the same crime?

if this is the rule than there must be some genuine exceptions to it... request the help of experts...

eagerly waiting to hear from the emminent lawyers ...

Regards,

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Raj Kumar Makkad (Expert) 08 January 2012
Where is double punishment in the given case? Desertion from the disciplined force is most severe crime and its sole punishment is dismissal from service. What is wrong therein?

If NOK is also intimated about it then it is not second punishment rather this is only an intimation. Dismissal has various consequences including the given instance.

prabhakar singh (Expert) 09 January 2012
After dismissal his case is referred to Civil police and in case he is not traced for 7 years including those 3 years, his heirs may claim his service benefits on raising presumption of his civil death to raised under 108 of evidence Act,in case service rules provide nothing otherwise.

Deepak Nair (Expert) 09 January 2012
Hope you are satisfied by the replies.

@ Experts:-
Thanks a lot for throwing light on the same so that i too can learn something new.

Deepak Nair (Expert) 09 January 2012
You said you tried to solve a query.
Then why are you posting queries as anonymous??

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