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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, BIPIN GUPTA
Union Of India – Appellant
Versus
Manohar Singh – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. The present Special Appeal (Writ) has been filed by the Union of India under Article 225 of the Constitution of India, assailing the judgment dated 07.01.2014 passed by the learned Single Bench in S.B. Civil Writ Petition No. 1184/1994, Manohar Singh v. Union of India & Ors.
1.1. In the aforesaid writ petition, the writ petitioner–respondent had challenged the order dated 20.05.1993 issued by the Inspector General, Kashmir FTR BSR, Commanding Officer, Srinagar, whereby the findings and sentence awarding five years’ rigorous imprisonment along with dismissal from service were confirmed, as well as the subsequent appellate order dated 27.07.1994 passed by the Director General, BSF, New Delhi, affirming the said punishment. The learned Single Bench of the Hon’ble Court allowed the writ petition; aggrieved by which the present appeal has been preferred.
2. The brief facts culminating in the present special appeal are that the writ-petitioner- respondent herein (hereafter referred to as the respondent), then serving as a Driver in the Border Security Force (BSF), came to be charged for the offence punishable under Section 376 of the Ranbir Penal Co
Judicial review in military court proceedings is limited; intervention is justified only in cases of procedural violations or total absence of evidence, not mere re-evaluation of facts.
Judicial review under Article 226 extends to the examination of the decision-making process in disciplinary proceedings, ensuring the findings are rational and supported by credible evidence.
Consent obtained through deception, as in false promises of marriage, constitutes rape. The procedural integrity in disciplinary actions should not violate natural justice principles.
The Summary Security Force Court proceedings were flawed due to significant delay and lack of adherence to natural justice, rendering the dismissal of the petitioner unlawful.
Power of judicial review is meant to ensure that individual receives fair treatment and not to ensure that conclusion which authority reaches is necessarily correct in eye of Court.
Punishments must be proportionate to the misconduct and not shock the conscience of the court.
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