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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Siddarth Pradhan – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. This writ petition assails order dated 19 September 2025, passed by the Principal Bench of the Armed Forces Tribunal[“AFT”, hereinafter], dismissing OA 2850/2025.
2. The conspectus of the controversy being limited, no detailed allusion to facts is necessary.
3. Based on certain allegations against the petitioner, a Court of Inquiry[COI”, hereinafter] was constituted. Consequent on the findings of the COI, a decision was taken that, in view of the nature of the allegations against the petitioner and the confidentiality of the issues involved, administrative action be taken to terminate his services. The petitioner was, therefore, issued a show cause notice dated 23 September 2024, proposing to dismiss the petitioner from service following the findings of the COI and giving him an opportunity to show cause there against under Rule 16(4)3 of the Air Force Rules, 1969.
316. Dismissal or removal of officers for misconduct.—
(1) An officer may be dismissed or removed from service for misconduct by the Central Government but before doing so and subject to the provisions of sub-rule (2) he shall be given an opportunity to show cause against such action
(2) Wher
The High Court may dismiss petitions rendered moot by subsequent actions, allowing parties to seek remedies in appropriate forums.
Dismissal of service without due notice violates principles of natural justice, warranting reconsideration.
Jurisdiction over service matters and attachment orders lies primarily with the Armed Forces Tribunal; the High Court only intervenes in exceptional cases.
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....
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
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 principle of double jeopardy and the authority of the Confirming Authority to confirm findings and sentences under the Army Act.
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