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IN THE HIGH COURT OF DELHI AT NEW DELHI
V.KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
WG CDR Soumya Deep Das – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge against tribunal's decision. (Para 3 , 4 , 5) |
| 2. authority's decision on penalty and grounds for appeal. (Para 6 , 8) |
| 3. petitioner's request for data from seized device. (Para 7) |
| 4. final order disposing of the petition. (Para 9) |
JUDGMENT :
V. KAMESWAR RAO, J.
CM APPL. 5969/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P. (C) 1223/2026, CM APPL. 5968/2026, CM APPL. 5970/2026 & CM APPL. 5971/2026.
3. This petition lays challenge to the order dated 01.07.2025 passed by Armed Forces Tribunal (‘AFT’), Principal Bench, New Delhi in Original Application no. 1776/2025 (‘OA’), whereby, it had dismissed the OA by making observations in paragraph nos. 4 & 5 of the impugned order, as under:-
“4. Considering the seriousness of the allegations against the applicant and the fact that he is a man in ·uniform the departmental authorities have initiated appropriate action by convening a Court of Inquiry. At this stage, interference by the Tribunal on the basis of vague and unspecified allegations made by the applicant is not warranted. The applicant is at liberty to raise all objections before the Presiding Officer of the C
Court emphasized the importance of awaiting completion of internal procedures and remedies before involving Tribunal intervention, ruling the petitioner’s appeal as premature.
The High Court may dismiss petitions rendered moot by subsequent actions, allowing parties to seek remedies in appropriate forums.
Non-supply of findings and opinion of the Court of Inquiry and influence by the Court of Inquiry with the officer complained against rendered the impugned censure order unsustainable.
The court upheld that disciplinary proceedings against military personnel must adhere to established regulations, ensuring all rights for defense are preserved during Court Marshal proceedings.
The decision to dismiss an individual from service without a departmental inquiry must be based on reasonable grounds, especially when national security implications are involved.
The appellate authority must issue a reasoned order in disciplinary proceedings; failure to do so renders the order invalid.
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....
Disciplinary authority's findings and procedural compliance are crucial; undue delay in inquiry does not automatically invalidate disciplinary outcomes.
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