MAJ SURESH RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner has challenged the proceedings initiated against him by issuing chargesheet dated 24.06.1997 and also prayed for a mandamus against the respondents for not taking any steps. In view of the fact that the petitioner will have the right to defend himself before the authorities, I do not want to go into the rival contention elaborately argued before me and I do not want to give any finding one way or the other on the merits of the case. The learned Senior Counsel Mr. Madan Lokur on behalf of the petitioner put forth broadly the following submissions:

(2.) The learned Senior counsel also touched upon the objection raised by the respondents which are in four number. The first submission is that there is no territorial jurisdiction; the second submission is that the the petitioner has alternative remedy; the third submission that the petitioner has approached the Allahabad High Court and withdrew the writ petition filed in the Allahabad High Court on 26.11.1995 and the fourth submission is that the respondents have now stated they will follow the Rule 180 of the Army Rules.

(3.) I have gone through the records and the learned Senior Counsel citied number of authorities to establish his case against the illegal and mala fide of the respondents.