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KULWANT SINGH versus UNION OF INDIA & ORS

High Court of Punjab and Haryana, Chandigarh

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Kulwant Singh v. Union of India & Ors - CWP-8801-2006 [2006] RD-P&H 3511 (30 May 2006)

In the High Court of Punjab and Haryana, Chandigarh

C.W.P. No. 8801 of 2006

Date of Decision: 6.7.2006

Kulwant Singh

...Petitioner

Versus

Union of India and others

...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT: Mr. Deepak Nayar, Advocate,

for the petitioner.

JUDGMENT

M.M. KUMAR, J. (Oral)

The prayer made in this petition is for quashing order dated 12.5.2005 (P-1) passed by respondent No. 2. A perusal of the order shows that if the petitioner is aggrieved by the punishment awarded to him in Summary Court Martial proceedings then he could present a petition to the Central Government, the Chief of the Army Staff or any officer superior in Command to the Officer who has power not less than that of Brigade Commander. It is conceded position that the aforementioned remedy given by the order itself to the petitioner has not been availed by him which is statutory in character.

C.W.P. No. 8801 of 2006

Learned counsel for the petitioner has submitted that the remedy indicated in the impugned order might have become time barred as the order was passed on 12.5.2005.

After hearing learned counsel, we are of the view that the petitioner must avail the remedy indicated in para 1 of the impugned order. In case a petition in accordance with the indication given in para 1 of the impugned order is filed within one month from today then the competent authority shall consider the question of condonation of delay sympathetically.

For the reasons aforementioned, this petition is disposed of by relegating the petitioner to the alternative remedy as indicated in para 1 of the impugned order.

(M.M. KUMAR)

JUDGE

(M.M.S. BEDI)

July 6, 2006

JUDGE

Pkapoor


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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