Union Of India vs Indresh Kumar Dubey
2022 Latest Caselaw 8423 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 8017/2022

1. Union Of India, Secretary, Ministry Of Defence, South Block, Government Of India, New Delhi 110011

2. The Chief Of Army Staff, Ihq Of Mod Army, Dhq Po, New Delhi 110011

3. The Goc_In_C, Hq South Western Command, C/o 56 Apo

4. The Goc, 42 Arty Div, Pin 908441, C/o 56 Apo

5. The Oc Troops, Hq 42 Arty Div, Pin 908442, C/o 56 Apo

----Petitioners Versus Indresh Kumar Dubey Father/o Late Shri Jai Kishun Dubey, No.155172413F Ex Gunner (Tailor) Posted At Hq 42 Arty Div Camp, Presently Residing At Village Pakari Ka Pura, Post Pahara, District Mirzapur, Uttar Pradesh

----Respondent

For Petitioner(s) : Mr. Mukesh Rajpurohit, ASG For Respondent(s) : ---

HON'BLE THE CHIEF JUSTICE MR. S. S. SHINDE HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

29/06/2022

This writ petition is filed by the petitioner-Union of India

under Article 227 of the Constitution of India for assailing the

order dated 25.10.2018 passed by the Armed Forces Tribunal,

Regional Bench, Jaipur Circuit Bench at Jodhpur. The respondent

had filed the Original Application (Appeal) No. 02/2018 in the

Tribunal for assailing the judgment dated 07.12.2017 passed by

the General Court Martial awarding him punishment of dismissal

from service and 12 years of rigorous imprisonment after

convicting him for the offence under the POCSO Act. The

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respondent filed an application for suspension of sentences along

with the appeal which was accepted by the learned Tribunal vide

order dated 25.10.2018, which is assailed in this writ petition filed

under Article 227 of the Constitution of India.

We have heard and considered the submissions advanced by

learned ASG Mr. Rajpurohit and have gone through the impugned

order and the entire material placed on record.

It may be emphasized that the order of suspension of

sentence was passed by the learned Tribunal way back on

25.10.2018, whereas, the instant writ petition has been preferred

in the month of May, 2022 with no plausible explanation for the

gross delay of more than three and a half years. Mr. Rajpurohit

was not in a position to apprise the Court about the status of the

original appeal pending before the learned Tribunal.

We have gone through the impugned order and find that the

Tribunal has taken note of the most significant material omission

in the belated complaint filed by the complainant, wherein, the

alleged assailant was not named/identified. The learned Tribunal

made a succinct discussion of the entire material available on

record and after being satisfied that the respondent had valid and

substantial grounds to question the judgment of Court Martial, the

sentence awarded to the respondent, who had remained in

custody for a period of one year was suspended and he was

ordered to be released on bail.

Ex-facie, after having heard and considered the submissions

advanced by Mr. Rajpurohit, learned ASG and after going through

the entire record, in addition to the fact that the writ petition is

hopelessly time barred, we do not find any error apparent on the

face of record in the impugned order warranting interference

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therein in exercise of the supervisory writ jurisdiction of this

Court.

Hence, the writ petition is dismissed as being devoid of

merit. However, the Tribunal is requested to expedite the hearing

of the appeal.

                                   (SANDEEP MEHTA),J                                         (S. S. SHINDE),CJ


                                    2-Jayesh/-









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