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A. M. AHMADI, SUJATA V. MANOHAR
General Inder Jit Kumar – Appellant
Versus
Union Of India – Respondent
Army Rule 180 mandates that in a Court of Inquiry affecting a person's character or military reputation, full opportunity must be given to that person to be present, make statements, give evidence, cross-examine relevant witnesses, and produce defense witnesses, with the presiding officer ensuring notice and understanding of these rights. (!) (!)
Non-compliance with Army Rule 180 could render the Court of Inquiry proceedings faulty for failing to provide these protections, potentially challenging the validity of orders to convene a General Court Martial and frame charges, as these must align with relevant Army Rules. (!) (!)
However, where substantial compliance occurs—such as the person's presence during evidence recording, offers for cross-examination (even if declined), and opportunities for statements or defense witnesses—the proceedings are upheld as valid, without attracting principles of natural justice to the preliminary stage. (!) (!)
JUDGMENT
Mrs. Sujata V. Manohar, J.-Leave granted.
2. The appellant, at all material times, held the rank of Acting Major General in the Indian Army. He filed a writ petition in the High Court of Madhya Pradesh challenging the inquiry proceedings held against him and his trial by a General Court Martial under the Army Act, 1950. This writ petition has been dismissed by the impugned judgment and order of the High Court of Madhya Pradesh. Hence he has preferred the present appeal.
3. During the pendency of these proceedings and after the vacation of stay on the holding of a General Court Martial, the trial of the appellant has proceeded to a conclusion and a sentence has been passed that he be cashiered from service which is subject to confirmation as per the provisions of the Army Act, 1950. The appellant has filed additional grounds of appeal before us challenging these findings. An earlier writ petition being Misc. Petition 717 of 1991 which was filed before the Madhya Pradesh High Court in the same connection has already been dismissed on 8th of October, 1991. However, the present writ petition has been examined on merits by the High Court and dismissed. We, therefore, propose to ex
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