RAJNISH BHANDARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition which was filed as Criminal Appeal 438/2023 before the Supreme Court against order dated December 07, 2022, of the Armed Force Tribunal ('AFT', for short) which has been transferred by the Supreme Court to this Court vide the order dated July 11, 2023, and signed order dated September 01, 2023, passed in MA No.1826/2023 in Criminal Appeal 438/2023, in view of the judgment of the Supreme Court in the case of Union of India and Ors. v. Purushotam Dass, in Civil Appeal No. 447/2023. The orders dated July 11, 2023 and September 01, 2023, are reproduced as under:

(2.) The Armed Force Tribunal, Principal Bench, New Delhi decided the Original Application Appeal ('OA (Appeal)', for short) being O.A (Appeal) No. 261/2021 on December 07, 2022, wherein the plea of the petitioner for setting aside the orders of the General Court Martial ('GCM', for short) and the Confirming Authority ('CA', for short) was dismissed by the AFT.

(3.) The facts as noted from the record and also urged by the counsel for the petitioner, Mr. Shri Singh, are that the petitioner was commissioned as an officer in the Indian Army in Corps of Engineers on June 11, 1994. The petitioner was awarded Vishisht Sewa Medal by the President of India on January 26, 2014. He was also awarded commendation cards by the VCOAS and Army Commander, Central Command.