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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, Vimal Kumar Yadav, JJ
Sandeep Yadav – Appellant
Versus
Director General of Indian Coast – Respondent
| Table of Content |
|---|
| 1. introduction and context of the case (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding procedure and jurisdictional issues (Para 5 , 8 , 10) |
| 3. claims of procedural impropriety and unfair trial (Para 6 , 7 , 15) |
| 4. court's limitations in addressing military judicial matters (Para 9 , 12) |
| 5. judicial review standards regarding military procedures (Para 11 , 13 , 21 , 22 , 23) |
| 6. conclusion and remanding for reconsideration (Para 24 , 25) |
| 7. final disposition of the case (Para 26) |
JUDGMENT
SUBRAMONIUM PRASAD, J.
1. The instant Writ Petitions have been filed by Mr. Sandeep Yadav and Mr. Shelender Singh, (collectively referred to as the „Petitioners’), impugning the Orders dated 26.09.2016 (hereinafter referred to as “Impugned Orders”), passed by the Regulating Officer, Indian Coast Guard, Haldia (hereinafter referred to as “Respondent Authority”), wherein certain punishments were inflicted upon the Petitioners.
2. Since both the writ petitions arises out of separate albeit analogous Impugned Orders, both the writ petitions are being decided by a common Judgment, in order to avoid any confusion.
3. Vide the Impugned Orders, the Respondent Authority awarded punishment of simple impris
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