LAWS(SC)-2017-6-32

D.K. SAWHNEY (DEAD) Vs. UNION OF INDIA

Decided On June 28, 2017
D.K. Sawhney (Dead) Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This is an appeal under Section 30 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as "the Act") filed by the writ petitioner (D.K.Sawhney) against the order dated 209.2010 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the Tribunal") in T.A. No 298 of 2009 arising out of W.P. (C) No 2215/1997.

(2.) It may not be necessary to take note of the facts of the case in detail and nor it is necessary for this Court to decide the issues arising in the appeal in the light of matter having been settled between the parties.

(3.) Suffice it to say, the original writ petitioner was one Mr. D.K.Sawhney. He was working in Military services and was commissioned into the Corps of Electrical and Mechanical Engineering (EME) in 1978. He was then posted to HQ Director General, Assam Rifles, Shillong as JAD(EME) in 1994 where he faced court martial proceedings on charges framed therein. This led to his dismissal from the services. He then challenged the court martial proceedings including his dismissal order by filing Writ Petition No. 2215/1997 before the Delhi High Court. This writ petition was transferred to the Tribunal on coming into force the Act and was registered as T.A. No 298 of 2009.