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MINI PUSHKARNA, SURESH KUMAR KAIT
Colonel N Dwivedi – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
(A) Issue a Writ of Ce1iiorari or any other appropriate Writ/Directions/Order, modifying or quashing the Armed Forces Tribunal Principal Bench (the AFT) order dated 27 April 2023 in the OA No. 1111 of 2023, wherein the learned AFT declined to grant the interim directions as prayed for, and for directing that, pending disposal of the said OA, the investigations by the Court of Inquiry illegally convened by Deputy C-in-C, HQ SFC, vide the impugned convening orders dated 31 January 2023 read with dated 27 February 2023, to investigate into anonymous complaint, shall remain stayed, being contrary to law.
(B) Issue a Writ of Mandamus or any other appropriate Writ/Directions/Order directing that, pending disposal of the OA No. 1111 of 2023 by the learned AFT, the investigation by the Court of Inquiry, illegally convened by Deputy C-in-C, HQ SFC, vide the convening orders referred to in Prayer (A) above, shall remain stayed, being illegal and contrary to law.
(C) Issue Writ of Mandamus or any other appropriate Writ/Directions/Order, directing that, pending disposal of the aforesaid OA No. 1111 of 2023, the Court of In
Army Rules, 1954 reads as Procedure when character of a person subject to the Act is involved.
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.
The main legal point established in the judgment is that in matters falling within the jurisdiction of the Armed Forces Tribunal, a petition under Article 226 of the Constitution of India may not be ....
The main legal point established in the judgment is the jurisdiction of the Armed Forces Tribunal (AFT) under the Armed Forces Tribunal Act, 2007 and its applicability to service matters in the India....
Jurisdiction over service matters and attachment orders lies primarily with the Armed Forces Tribunal; the High Court only intervenes in exceptional cases.
A court may exercise its writ jurisdiction to entertain a challenge to a show cause notice when the alternative statutory remedy before a tribunal is temporarily inaccessible due to the lack of a pre....
The initiation of a second enquiry based on the same allegations after exoneration violates the principle of double jeopardy and established policies against anonymous complaints.
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