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2018 Supreme(Del) 1328

G.S.SISTANI, V.KAMESWAR RAO
EX. LINK VISHAV PRIYA SINGH – Appellant
Versus
UOI – Respondent


Advocates Appeared:
For the Petitioner: Ms. Ankita Patnaik, Adv.
For the Respondent: Ms. Barkha Babbar, Adv.

JUDGMENT :

V. KAMESWAR RAO, J.

1. The present petition has been filed by the petitioner with the following prayers:-

In view of the above and in the interest of justice, it is, therefore, most humbly prayed that this Hon’ble Court may be pleased to issue appropriate writ, direction or order in the nature to :-

(a) DECLARE that the Summary Court Martial held on 25.7.90 in respect of the petitioner is not legally constituted and had no jurisdiction to proceed in the matter;

(b) CERTIORARI quashing the entire proceedings of the said Summary Court Martial;

(c) MANDAMUS directing the respondents to reinstate the petitioner forthwith in the service retrospectively with full pay and allowances and all consequential benefits, as if he is continuously in the service;

(d) Record be summoned;

(e) Any other or further, writ, direction or orders that may be deemed appropriate under the circumstances be also passed.”

2. Some of the facts noted and as canvassed by the learned counsel for the petitioner are that the petitioner was enrolled in the Indian Army as a Sepoy on August 06, 1979. He was later transferred to 19 Mahar Regiment on April 02, 1985. It is the case of the petitioner, on September 25, 198



































































































































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