COLONEL AKHIL MENDHE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India challenging the Annexure P/7 convening order/Court of inquiry dtd. 1/2/2022 passed by the respondent nos.2 and 3.

(2.) Contention of the learned counsel for the petitioner is that the said order is beyond jurisdiction and contrary to the sec. 19, 70, 121, 122, 180 of the Arms Act, 1950 as well as all the judgment of the Apex Court in the case of Union of India and Ors Vs. Harjeet Singh Sandhu reported in (2001) 5 SCC 593.

(3.) Learned counsel for the petitioner submits that the Court of inquiry is proposed to investigate and conclude the evidence in relation to the allegation which relates to the civil offence in which the petitioner has already been acquitted by the competent authority (criminal court), and therefore, the aforesaid convening order amounts to reopening/re-initiating the proceedings which has already been done in the form of one man inquiry.