HAV (DMT) SANJAY KUMAR TIWARI v. UNION OF INDIA & Ors.
Case at a glance
- Bench
- NAVIN CHAWLA, SHALINDER KAUR
Outcome
Dismissed
Accordingly, the petition is dismissed, reserving liberty of the
Provisions considered
- Army Act, 1950 s. 80
Key paragraphs
- Para 33. In view of the above, we find that no part of the cause of action has arisen within the territorial jurisdiction of this Court. Merely because the respondents are situated in Delhi, would not make this Court forum conveniens for entertaining the present petition.
- Para 44. Accordingly, the petition is dismissed, reserving liberty of the petitioner to avail of his remedy in accordance with law before the Court of competent jurisdiction. NAVIN CHAWLA, J SHALINDER KAUR, J JANUARY 9, 2025 SU/F/IK Click here to check corrigendum, if any This is…
Judgment
Through: Mr. AjitKakkar, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Sahaj Garg, SPC with Mr. Ankur Yadav, Adv. Maj. Anish Muralidhar, Army CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR
O R D E R 09.01.2025 This petition has been filed by the petitioner, praying for the %
following reliefs:-
(a) To issue Writ in the nature of Certiorarito set aside/quash the Tentative Chargesheet dated 02.02.2024. (b) To issue Writ in the nature of Mandamus directing the respondents to produce on record all the documents pertaining to the disciplinary case of the petitioner. (c) To issue Writ in the nature of Mandamus directing punishments given to the petitioner in pursuance of the Charge sheet dated 02.02.2024. (d) To issue Writ in the nature of Mandamus directing the respondents to set aside the punishment of severe reprimand and restore the seniority of the petitioner along with all consequential benefits. (e) To issue Writ in the nature of Mandamus directing the respondents to refund the 14 days pay respondents set aside This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:29:25 fine, that was arbitrarily deducted from the pay of the petitioner.
Mr. Sahaj Garg, the learned counsel for the respondents, who appears on advance notice of this petition, submits that the Impugned Charge Sheet was issued and the impugned Summary Trial under Section 80 of the Army Act, 1950, conducted in the Union Territory of Jammu and Kashmir.
In view of the above, we find that no part of the cause of action has arisen within the territorial jurisdiction of this Court. Merely because the respondents are situated in Delhi, would not make this Court forum conveniens for entertaining the present petition.
Operative part
Accordingly, the petition is dismissed, reserving liberty of the petitioner to avail of his remedy in accordance with law before the Court of competent jurisdiction. NAVIN CHAWLA, J SHALINDER KAUR, J JANUARY 9, 2025 SU/F/IK Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:29:25
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the petition is dismissed, reserving liberty of the
Which statutory provisions did this judgment involve?
Army Act, 1950 — s. 80.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.