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M. R. SHAH, B. V. NAGARATHNA
Col. Vineet Raman Sharda – Appellant
Versus
Union of India – Respondent
ORDER
1. By way of this petition under Article 32 of the Constitution of India, the petitioners have prayed for the following reliefs-
"A. Issue Writ, Order, or Direction in the nature of certiorari to quash the illegal, unlawful and arbitrary Suspension Orders passed against the Petitioners;
B. Issue Writ, Order, or Direction in the nature of Mandamus to return all the digital assets of the Petitioners which has been confiscated in wrong manner and without his consent;
C. Issue Writ, Order, or Direction in the nature of Mandamus to issue a certificate of privacy in favour of the Applicant stating that no information/report will be disclosed in public domain;
D. pending hearing and till final disposal of this Writ Petition, the effect, operation and implementation of the impugned Suspension orders dated 08.05.2022 and 17.05.2022 respectively may kindly be stayed;
E. Issue Writ, Order, or Direction for grant of compensation for mental agony and embarrassment faced by the petitioner officers and to grant litigation expenses;
F. To pass such other and further orders which their lordships may deem fit and proper in the existing facts and circumstances of the case."
2. Learned counsel appearing
The court established that under the Army Act and the Army Rules, petitioners can be suspended pending the Court of Inquiry without the requirement of affording them an opportunity of hearing.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Suspension orders can only be passed in contemplation of inquiry or during the pendency of inquiry, as per Rule 4(1) of the Regulations, 2020 and relevant case law.
Suspension without due process and a fair inquiry is illegal, violating principles of natural justice.
The guidelines from the DoPT and Central Vigilance Commission do not apply to the Army Act and Army Rules, and therefore do not warrant interim relief to stay the Court of Inquiry.
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
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