BRAM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner was enrolled in the Assam Rifles in the year 1986 as Rifleman. While was posted in the 15th Battalion Assam Rifles, the Petitioner was placed under close arrest and charge-sheeted under Section 69 of the Army Act, 1950. Pursuant to such charge sheet followed by Summary Court Martial, the Petitioner had been dismissed by the impugned order dated 3.4.2000. Along with such dismissal from service, the Petitioner was also imposed with penalty of 6 (six) months' Rigorous Imprisonment in Civil Prison. Being aggrieved, the Petitioner filed a writ petition being Civil Writ Petition No. 1059/2001 in the Delhi High Court. The writ petition was disposed of by order dated 26.2.2001 on the basis of the prayer of the Petitioner to withdraw the same enabling him to approach the competent Court having territorial jurisdiction over the subject matter of the writ petition.

(2.) Even after the aforesaid order dated 26.2.2001 permitting the Petitioner to approach the competent Court having territorial jurisdiction of the subject matter, the Petitioner once again approached the same Court i.e. the Delhi High Court by filing another writ petition being WP(C) No. 1177/2002 and by order dated 4.12.2008, the said writ petition was disposed of on the ground of lack of territorial jurisdiction. However, liberty was granted to approach the competent Court. It is not known as to whether the fact of filing the earlier writ petition was brought to the notice of the Court.

(3.) The two charges brought against the Petitioner under Section 46(a) and Section 63 respectively of the Army Act, 1950 were as follows: