LT COL RANJODH SINGH Vs. UOI

JUDGEMENT

(1.) BY way of this intra-court appeal, the appellant seeks to question the order dated 31.05.2012 whereby the learned Single Judge of this Court has dismissed the writ petition filed by him (CWP No.3799/2012) questioning the re-convened Court Martial proceedings.

(2.) THE relevant facts and background aspects of the matter are as follows: On 09.09.2005, a complaint was lodged by one Manaram Choudhary with the Superintendent of Police, Central Bureau of Investigation, Jodhpur alleging demand of gratification by one Havaldar Satyaveer Singh for settling family pension claim. During the course of investigation, the appellant (then holding the rank of Major) was also included in the matter as an accused. Then, an application was moved by the General Officer Commanding, Uttar Bharat Area, Bareilly (U.P.) before the CBI Court, Jodhpur for handing over the case of the appellant and the said Havaldar Satyaveer Singh for trial under the Army Act, 1950. This application was accepted by the Special Judge, CBI, Jodhpur by the order dated 23.01.2007; and the case was handed over, as prayed. It appears that until passing of the said order dated 23.01.2007, the appellant had not been apprehended nor did he appear before the Court.

(3.) THE learned Single Judge found no reason to entertain the matter in the writ jurisdiction at the given stage when the re- convened Court Martial proceedings were at the fag end; and when the petitioner failed to raise any such objection at the relevant time and stage before the Courts and authorities, including the Hon'ble Uttrakhand High Court and the Tribunal. The learned Single Judge, therefore, proceeded to reject the writ petition for having been filed at a belated stage but still left it open for the petitioner to agitate all the contentions and grounds, if occasion so arise, in challenge to the final order passed by the General Court Martial. The learned Single Judge observed as under: -