Ex Gunner (Lance Naik) Vijay Singh vs Union Of India And Ors
2024 Latest Caselaw 9074 P&H

Punjab-Haryana High Court

Ex Gunner (Lance Naik) Vijay Singh vs Union Of India And Ors on 29 April, 2024

Author: Sanjeev Prakash Sharma

Bench: Sanjeev Prakash Sharma

                                     Neutral Citation No:=2024:PHHC:057917-DB




137          IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                  2024:PHHC:057917-DB
                                                  CWP-26002-2023 (O&M)
                                                  Date of Decision: 29.04.2024.


Ex. Gunner (Lance Naik) Vijay Kumar                            ...Petitioner

                                           Vs.

Union of India and others                                      ...Respondents



CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
       HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present       Mr. Balwinder Singh, Advocate for the petitioner.
                   ***

SANJEEV PRAKASH SHARMA, J.(Oral)

1. Learned counsel submits that the petitioner had undergone the

sentence before the judgment dated 27.09.2013 was pronounced and he had

no knowledge that he could challenge the judgment dated 27.09.2013. He

accordingly prays for setting aside of General Court Martial judgment dated

06.06.2003, awarding sentence of 10 years and dismissing the petitioner from

service, so that, he may get retiral benefits.

2. We have carefully considered the judgment and find that the

order dated 06.06.2003, passed by the General Court Martial in general court

martial proceedings was challenged by the petitioner before the Armed

Forces Tribunal, Regional Bench, Chandigarh, which upheld the decision of

the General Court Martial, vide order dated 27.09.2013. Whereafter, the

petitioner had not approached any forum and the writ petition has now been

filed after a period of ten years.

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Neutral Citation No:=2024:PHHC:057917-DB

CWP-26002-2023 (O&M) [2] 2024:PHHC:057917-DB

3. The only ground raised is that the petitioner had no knowledge

of preferring the petition challenging the order passed by the AFT.

Admittedly, in terms of the order passed by the AFT on 27.09.2013, an

appeal lies under the Armed Forces Tribunal Act, before the Hon'ble

Supreme Court which was not availed by the petitioner yet now. The Hon'ble

Apex Court in the case of Union of India vs. Purshotam Dass 2023 (3) SLR

1, has provided a forum to file writ petition before the High Court against the

orders passed by the AFT.

4. In view thereof, we would not entertain a petition challenging

the judgment passed by the AFT ten years back. The writ petition is hit by

gross delay and laches and is accordingly dismissed.

5. All pending misc. application(s) also stand disposed of.

(SANJEEV PRAKASH SHARMA) JUDGE

(SUDEEPTI SHARMA) JUDGE

29.04.2024.

rajesh

1. Whether speaking/reasoned? : Yes/No

2. Whether reportable? : Yes/No

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