Back
2020 Supreme(Del) 1030
IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Sahai Endlaw, Asha Menon, JJ.
Dhruv Jakhar - Appellant
Versus
Union Of India & Ors. - Respondent
Writ Petition (Civil) No. 5622 of 2020
Decided On : 29-09-2020
Karan Dewan, Advocate, Aanchal Jain, Advocate, Satya Ranjan Swain, Advocate, Sameer Sinha, Advocate
The court upheld the application of HQ ARTRAC rules in imposing punishments and addressing the petitioner's failure in physical tests.
Headnote:
Withdrawal - Indian Army - HQ ARTRAC - [CDS Examination, UPSC, SSB, Indian Military Academy, Honour Code Committee, Physical Training tests, Relegation, Withdrawal, Punishments, Discipline, Commissioned Officer] - The court discussed the application of HQ ARTRAC rules in the case, including the constitution and proceedings of the Honour Code Committee, physical training tests, punishments, and discipline. The court found that the petitioner's failure in physical tests was due to obesity and lack of discipline, and that the punishments were imposed in accordance with the rules. The court dismissed the petition based on the findings.
Fact of the Case:
The petitioner, an aspirant to the Indian Army, filed a petition seeking to quash the withdrawal letter and be permitted to clear remaining PT tests. The petitioner alleged unjust punishments and sought restoration to the original seniority.
Finding of the Court:
The court found that the petitioner's failure in physical tests was due to obesity and lack of discipline, and that the punishments were imposed in accordance with the rules. The court dismissed the petition based on these findings.
Issues: Alleged unjust punishments, failure in physical tests, and restoration to original seniority.
Ratio Decidendi: The petitioner's failure in physical tests was due to obesity and lack of discipline, and the punishments were imposed in accordance with the rules.
Final Decision: The petition was dismissed by the court.
JUDGMENT
Asha Menon, J. - W.P.(C) 5622/2020 & CM APPL. 20364/2020 (for interim stay)
1. The petitioner is a young aspirant to the Indian Army and has filed this petition with the following prayers:
"(i) Writ order in the Nature of Certiorari to quash and set aside the withdrawal letter dated 16.01.2020 and/or
(ii) Writ order in the nature of Mandamus directing the Respondents to take back the Petitioner in the training at the IMA for clearing of the remaining three PT tests and that on qualifying the same, be restored to the original seniority of the 145 Regular Course at par with his Coursemates with all the Consequential Reliefs ....."
2. The facts as are relevant for the disposal of the present petition are as follows. After clearing the Combined Defence Services (CDS) Examination conducted by the Union Public Service Commission (UPSC) and the interview conducted by the Service Selection Board (SSB), including medical fitness, the petitioner joined the Indian Military Academy (IMA) on 8th July, 2017 for his Pre-Commissioning Training to join the Indian Army as a Commissioned Officer. But it appears that his stay has not been very happy, as is evident from the averments. The petitioner was subjected to ragging and was admitted to the hospital from 17th July, 2017 to 26th July, 2017. On 27th July, 2017, he also filed a complaint against the ragging and the inhuman treatment that he had been subjected to by his seniors.
3. This seems to have been a harbinger for things to follow. Even as per the petitioner, he was subjected to punishments for various infractions, right from the First Term of six months. In routine, the petitioner should have passed out after completing his course as a Commissioned Officer in a year and a half, by the end of 2018. He did complete his First Term successfully and was promoted to the Second Term along with his batch-mates in the 143rd Regular Course IMA. However, a week before the Second Term came to an end in May 2018, the petitioner was served with a Notice to Show Cause as to why he should not be ''Relegated'' for having accumulated 60 Restrictions in two terms from 8th July, 2017 to 30th May, 2018. Despite his reply, the petitioner was ''Relegated'' and completed his Second Term after repeating it, with the 144th Regular Course IMA.
4. According to the petitioner, without losing heart or motivation, he focused on his training and was promoted to the Final/Third Term on 7th January, 2019. However, on 7th March, 2019, the petitioner was served with another Show-Cause Notice asking him to explain as to why he should not be ''Relegated'' to a batch junior for having accumulated 65 Restrictions in two consecutive terms. Despite his request for a fortnight''s time to reply, and the supply of copies of the Administrative Instructions of HQ ARTRAC and other documents, he was not provided the time nor the documents. Rather, in an arbitrary manner, the Commandant IMA relegated the petitioner from the 144th Regular Course IMA to the 145th Regular Course IMA.
5. Though the petitioner claimed that he had been unjustly punished and that the punishments were absolutely disproportionate to the alleged offences and were illegal and were imposed against the principles of natural justice and in violation of the Policy issued by HQ ARTRAC, he once again commenced his training in his Final Term on 8 th July, 2019 in Zojila Coy Manekshaw Battalion. According to the petitioner, despite his sincere and best efforts, he was unnecessarily targeted and singled out by his Company Commander (Coy Cdr). Due to the negativity of the Coy Cdr, the petitioner was forced to report the matter to the Deputy Commander vide his letter dated 19th August, 2018 and also sought an interview. However, instead of ordering a Court of Enquiry against the Coy Cdr, the Battalion Commander, Manekshaw Battalion constituted an Honour Code Committee on 9th September, 2019 against the petitioner.
6. The grievance of the petitioner is also with rega
