Bombay High Court
Col.Ivan Singh S/O Late Shri ... vs Union Of India Thr Sescretary ... on 28 January, 2021
Bench: S.B. Shukre, Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 289 OF 2020
Col.Lvan Singh Kanwar Shamsher Singh
-Vs-
Union of India and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. S.P.Dharmadhikari, Senior Advocate a/w Mr.Akshay Sudame, counsel
for the petitioner.
Mr. Ulhas Aurangabadkar ASGI for respondent nos.1 to 6.
CORAM : SUNIL B.SHUKRE &
AVINASH G. GHAROTE, JJ.
DATE : 28.01.2021.
1. Heard Shri. Aurangabadkar learned ASGI and
Shri. S.P.Dharmadhikari learned Senior advocate for the
petitioner.
2. Our attention has been invited by Shri.
Aurangabadkar, learned ASGI, to the affidavit dated
25.01.2021 filed on behalf of the respondents explaining
as to under what circumstances, the administrative action
being taken under rule 14 of the Army Rules against the
petitioner has been converted into disciplinary action
which would be ultimately taken under Section 123 of
the Army Act, 1950.
3. Today, Shri. Aurangabadkar, learned ASGI is
also ready with the note sheet submitted to the Chief of
Army Staff and which has been considered by the Chief
of Army Staff for converting the administrative action
into a disciplinary one. Of course, privilege has been
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claimed in respect of the note sheet and therefore, it is
urged that while it could be made available to the Court
for perusal, its copy cannot be supplied to the petitioner.
On being asked by this Court as to whether any fresh
material came to the light which was placed before the
Chief of Army Staff for making a changeover from
administrative action to the disciplinary action, Shri.
Aurangabadkar, learned ASGI made a categorical
statement that no fresh material has come to the surface
and the changeover is based upon the same material
which weighed with the Chief of Army staff when he
initially issued show cause notice regarding initiation of
administrative action under rule 14 of the Army Rules.
With this categorical submission, it is now not necessary
to consider in any way the note sheet especially when no
new material has come up.
4. Learned ASGI,Shri. Aurangabadkar submits
that such changeover as noted above has been approved
in a judgment rendered in one case of Lt.Gen. Avadhesh
Prakash (retd.) Vs. Union of India and ors. [original
application No.66 of 2010] by the Armed Forces Tribunal
Principal Bench, New Delhi and the SLP filed against it
before the Supreme Court was dismissed in limine on
22.02.2010.
5. Shri.Dharmadhikari, learned Senior Advocate
submits that when the SLP is dismissed in limine, it does
not amount to confirmation of the order against which
the SLP is filed. He also submits that in any case, the
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judgment given by the Armed Forces Tribunal is
distinguishable on facts, especially when in that matter
show cause notice under Rule 14 of the Army Rules was
not issued and was not any subject matter of the
challenge.
6. Put up along with other connected matters for
further consideration on the date to be given by this
Court.
JUDGE JUDGE
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