NB Sub Muralidharan B vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2139

RAJIV SAHAI ENDLAW, AMIT BANSAL
NB Sub Muralidharan B – Appellant
Versus
Union Of India – Respondent

Advocates appeared:
Ajit Kakkar, Advocate, Puru Mudgal, Advocate, Harish Vaidyanathan Shankar, Advocate, Sahaj Garg, Advocate, Major Arjun Katoch, Advocate

JUDGMENT

1. C.M.Nos. 19655/2021 & 19656/2021 (both for exemption)

1. Allowed, subject to just exceptions and as per extant Rules.

2. The applications are disposed of.

W.P.(C) 6204/2021 & C.M.No. 19654/2021 (for stay)

3. The petitioner, a Naib Subedar in the respondents Indian Army, has filed this petition (i) seeking direction to the respondents Indian Army to place on record the order dated 29th June, 2021 passed by the General Court Martial convened against the petitioner; (ii) seeking declaration that the charges levelled against the petitioner vide charge sheet dated 24th May, 2021 are time-barred; (iii) impugning the order dated 25th May, 2021 convening the General Court Martial, the charge sheet dated 24th May, 2021 and the order dated 29th June, 2021 aforesaid; and, (iv) seeking direction for termination of the General Court Martial proceedings against the petitioner.

4. On the complaint made in April, 2016 by a Havildar in the respondents Indian Army, a Court of Inquiry was constituted against the petitioner on 3rd June, 2016 and the proceedings whereof commenced on 20th April, 2017. The Court of Inquiry concluded its proceedings in May, 2017. On 25th May, 2021, a General Court

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