COL. VINEET RAMAN SHARDA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 32 of the Constitution of India, the petitioners have prayed for the following reliefs-

(2.) Learned counsel appearing for the petitioners relying upon relevant provisions of the Army Act, 1950 and the Army Rules, 1954 has vehemently submitted that by suspending the petitioners, the petitioners can be said to be under 'open arrest'. It is also the case on behalf of the petitioners that before passing the impugned order of suspension, no opportunity of hearing has been given to the petitioners.

(3.) Having heard learned counsel for petitioners and Shri Tushar Mehta, learned Solicitor General and having gone through the relevant provisions of the Act and the Rules, we do not accept the submissions on behalf of the petitioners that before suspending the petitioners pending the Court of Inquiry, an opportunity of hearing was required to be afforded to the petitioners. Even under Regulation 349 also, there is no requirement of such a procedure to be followed. The petitioners can be suspended pending the Court of Inquiry, which as stated by Shri Tushar Mehta, learned Solicitor General has already been constituted and inquiry is going on.