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ASHWANI KUMAR versus UNION OF INDIA THRU' SECRETARY (HOME) DEFENCE D.H.Q. & ORS.

High Court of Judicature at Allahabad

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Ashwani Kumar v. Union Of India Thru' Secretary (Home) Defence D.H.Q. & Ors. - WRIT - A No. 63803 of 2006 [2006] RD-AH 19869 (23 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 38

Civil Misc. Writ Petition No. 63803 of 2006

Aswani Kumar

Versus

Union of India and others

Hon'ble V.K. Shukla,J.

Petitioner had been performing and discharging duties in the Indian Army. Petitioner has contended that he proceeded on leave on account of various problems. Petitioner has contended that fair treatment was not accorded to him and in this background on account of constraints he thought of committing suicide. Petitioner has contended that he tried to commit suicide but he was saved. Proceedings were undertaken against the petitioner and order of dismissal order was passed against the petitioner on 09.11.1993. After said punishment had been awarded, appeal was preferred by the petitioner. Petitioner preferred Civil Misc. Writ Petition No. 3471 of 1995. Said appeal was also dismissed on 19.11.1996 by Chief of Army Staff. Civil Misc. Writ Petition No. 3471 of 1995, on 10.04.2003 nothing the fact that none appeared on behalf of petitioner disposed of the matter, by directing that in case, Chief of the Army Staff has not decided, the matter then same be decided. Petitioner even after dismissal of the aforesaid appeal requested for his reinstatement in service and said request was also turned down on 30.05.2004. Thereafter notice of the present writ petition has been given on 04.10.2005 and present writ petition has been got reported on 06.11.2006 and thereafter present writ petition has been filed.

Learned counsel for the petitioner has contended with vehemence that in the present case entire proceedings are totally without jurisdiction, as such present writ petition is liable to be allowed.

Learned Standing Counsel on the other hand contended that valid proceedings have been undertaken and there is no infirmity in the same, and further present writ petition is grossly barred by latches and deserves to be dismissed.

After respective arguments have been advanced, undisputed position is that proceedings have been undertaken by way of summary court martial and petitioner was punished on 09.11.1993 against which petitioner has preferred Appeal which was also dismissed on 19.11.1996 by the Chief of the Army Staff. Said order has attained finality and the same has never been  questioned in the past. However petitioner has requested for his reinstatement in service but his request was turned down. Notice of the present writ petition has been given on 04.10.2005, and reporting of the same has been got done on 06.11.2006. In the present case the way and manner in which proceedings have been carried out and conducted by the petitioner clearly shows his casual approach while dealing with the matter. Consequently, writ petition is grossly barred by latches.  

As competent authority has awarded punishment way back in the year 1993 and appeal preferred against the same has been dismissed in the year 1996 as such there is no scope of interference by this Court.

Consequently, writ petition being grossly barred by latches is dismissed.

23.11.2006

Dhruv


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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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