Anshuman (Col) vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Anshuman (Col) – Appellant
Versus
Union of India – Respondent

Table of Content
1. petitioner's initial grievance against attachment due to lack of disciplinary proceedings. (Para 4)
2. arguments regarding jurisdiction of armed forces tribunal vs high court. (Para 5 , 7 , 8 , 9)
3. delay in service of notice and its implications on the petition. (Para 11 , 13 , 15)
4. court's observations on the propriety of continuing the attachment. (Para 12 , 14 , 18)
5. legal interpretation of attachment duration and its relevance to disciplinary proceedings. (Para 16 , 17 , 21)
6. final conclusion: writ petition dismissed. (Para 22)

JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J. On 25th May, 2021, when this petition came up first before us, the following order was passed:

"3. The petitioner, a Colonel in the respondents Indian Army, has instituted this petition, (i) impugning the continuance of his attachment, initially ordered on 26th November, 2019 purportedly on account of pendency of disciplinary proceedings against him, in spite of the respondents Indian Army themselves on 3rd March, 2020 certifying that no disciplinary proceedings were in progress against the petitioner; and, (ii) seeking a mandamus to the respondents Indian Army to initiate a fo