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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
JC-843425n Sub (clk) Sanjay Rathore – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL.14277/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 3692/2023
3. A Writ Petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking following reliefs:
"(i) To allow the petition and stay the impugned discharge order discharge order CA-l/1612/SA/DO/Ser190/2022/1706/SMDPC/2022 dated 14 Dec 2022 and Pass such other and further orders/directions to the Respondents in the attendant genuine circumstances of the case, to meet the ends of justice.
(ii) Pass any other proper and just order as may deem fit and in the interest of justice."
4. Learned counsel appearing on behalf of the respondent on advance Notice submits that similar prayer is pending before the Armed Forces Tribunal (AFT). However, he has not challenged in the present petition the Order dated 15.03.2023 whereby the interim relief has been declined by the learned Tribunal.
5. Learned counsel appearing on behalf of the petitioner today submits that he has moved an application to amend the prayer to challenge the aforementioned Order passed by the learned Tribunal.
6. On perusal of the impugned
The court declined to interfere in the discharge order as the issue was pending before the Armed Forces Tribunal and the discharge was subject to the final decision.
The central legal point established in the judgment is the interpretation of the Army Act provisions, especially paragraph 28, and its influence on the court's decision regarding reinstatement.
Writ courts under Article 226 have a distinct jurisdiction, limited to correcting jurisdictional errors in Tribunal decisions, thus reaffirming the principle of judicial review without substituting t....
The distinct jurisdiction of a writ court under article 226 of the Constitution and the power of judicial review.
The seriousness of allegations, balance of equities, and implications of granting interim relief were central to the court's decision.
The High Court may dismiss petitions rendered moot by subsequent actions, allowing parties to seek remedies in appropriate forums.
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