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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Vikrant Singh Kundu – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. legal basis for challenging moral turpitude (Para 2 , 3) |
| 2. claims of animosity and allegations against petitioner (Para 4) |
| 3. accusation of abuse of court process (Para 5) |
| 4. court's views on claims and merits of the petition (Para 6 , 7 , 8) |
| 5. final dismissal of the writ petition (Para 9 , 10) |
JUDGMENT
Manmohan, J.: (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the remark of moral turpitude against the petitioner passed by the Respondent-Army vide letter dated 25th May 2017 on the ground that it was illegal, disproportionate, and unduly harsh. Petitioner seeks modification of the withdrawal letter dated 25th October 2017 as withdrawal simplicitor without adversely affecting the future selection in Armed Forces. Petitioner also seeks direction to the Respondents to allow the Petitioner to apply for Combined Defence Services Written Examination to participate in the future selection processes of the Armed Forces, subject to the outcome of this Writ Petition.
3. Learned counsel for the Petitioner states that the Petitioner was imposed with multiple penalties i.e. relegation from the original c
Writ jurisdiction does not support vague allegations of misconduct without specific parties, nor allows participation in future selections after serious violations.
Natural justice principles are context-specific, and evaluated alongside admissions of guilt, cannot undermine disciplinary actions in military jurisdictions.
In matters of military discipline, courts are generally reluctant to interfere with disciplinary punishments unless the sentence is deemed grossly disproportionate, especially where the petitioner ha....
Failure to address an allegation as part of a strategy can impact the court's decision and lead to dismissal of the petition.
Court upheld the validity of adverse remarks in a public servant's ACR, establishing that judicial review does not extend to evaluating ACR assessments without evidence of arbitrariness or mala fides....
Detention - Petitioner who suppressed the material information in the application form, though disclosed in attestation form placed on record by the learned Government Pleader for Services-I disclosi....
The plea of limitation is a mixed question of fact and law, and the jurisdiction and power to attach a person against whom disciplinary proceedings are contemplated are enshrined in the army act and ....
Writ petitions cannot proceed if parallel proceedings are initiated in a competent forum, as it leads to forum shopping and abuse of legal process.
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