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2012 Supreme(J&K) 403

J.P.SINGH
S. K. Singh (Lt. Colonel) – Appellant
Versus
Union of India & Ors. – Respondent


Advocates Appeared:
Mr. B.S. Salathia, ST. Advocate with Mr. Ashish Sharma, Advocate for the Petitioner
Mr. Tashi Rabstan, CGSC, Advocate for the Respondents

1. Lieutenant Colonel Sanjeev Kumar Singh of Central Ammunition Depot, Pulgaon, attached to 17 Rajput Regiment is facing trial before the General Court Martial convened by Order of IC-35480N Major General Surinder Singh, SM, VSM, General Officer Commanding, 26 Infantry Division.

2. His plea in bar to trial was disallowed by the General Court Martial holding that subject matter contained in Charge Nos. 1 & 3 of the Final Charge Sheet being same as the facts endorsed in the directions of the General Officer Commanding-in-Chief, Western Command dated 01 April, 2009 and the Tentative Charge, the charges were not time barred.

3. Questioning the Final Charge Sheet dated 07.03.2012 and the orders passed by the General Court Martial rejecting his plea in bar of trial, the petitioners case, in a nut-shell, as projected by his learned counsel, is that Charge Nos. 1 and 3 appearing in Charge Sheet dated 07 March, 2012 being not part of the Tentative Charge Sheet dated 12th April, 2010, on which the petitioner was heard by the Commanding Officer, and the directions of the General Officer Commanding-in- Chief, Western Command, his trial was un-warranted being based on No Evidence and otherwise ti










































































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