Rajesh Kumar Tomar (Commandant/GD) vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Rajesh Kumar Tomar (Commandant/GD) – Appellant
Versus
Union of India – Respondent

Table of Content
1. petitioner challenges gsfc proceedings. (Para 3)
2. gsfc composition and trial process details. (Para 5)
3. substitution of disqualified member in gsfc. (Para 6 , 10)
4. timeline and impact of arraignment. (Para 8)
5. rules governing addition of members to gsfc. (Para 14 , 16)
6. petition is dismissed. (Para 24)

JUDGMENT

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Rajiv Sahai Endlaw, J.

CM 21873/2021 (for exemption)

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

2. The application is disposed of.

W.P.(C) 6927/2021 & CM 21872/2021 (for interim direction).

3. The petitioner, a Commandant (GD) in the respondents Indo-Tibetan Border Police (ITBP) and against whom, on 28th October, 2020 a General Security Force Court (GSFC) has been convened, has filed this petition, (i) impugning the order dated 12th April, 2021 of the Director General, ITBP and the order dated 16th February, 2021 of the Convening Authority of the GSFC; and, (ii) for declaration, that the proceedings conducted against the petitioner in pursuance to the convening order dated 28th October, 2020 of the Convening Authority, are unlawful for all practical purposes.

4. We have heard the counsel for the petit

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DELHI HIGH COURTRAJIV SAHAI ENDLAW, AMIT BANSALRajesh Kumar Tomar (Commandant/GD) – AppellantVersusUnion of India – Respondent

DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Rajesh Kumar Tomar (Commandant/GD) – Appellant
Versus
Union of India – Respondent