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2025 DAILYLAW 1073 (MAN)

Lt Col Harpreet Singh SM v. Union of India and 3 ors

WP(C)/335/2025 · 2025-08-27

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Item No. 89 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 335 of 2025 Lt. Col. Harpreet Singh S.M. Petitioner/s Vs. Union of India & 3 ors. Respondent/s BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 28.08.2025 Heard Mr. Mukul Dev, learned counsel along with Mr. Kh. Lupenjit, learned counsel appeared for the petitioner; Mr. BR, learned CGSC appeared for the respondent nos. 1, 3 & 4; and Mr. W. Darakishwor, learned Sr. PCCG appeared for the respondent no. 2. At the outset, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if this Court allowed the prayer no. 3 made in this writ petition and that he will not press the other remaining prayers made in this writ petition. For ready reference the said prayer no. 3 is reproduce hereunder:- LUCY GURUMAYUM Digitally signed by LUCY GURUMAYUM Date: 2025.08.28 16:31:44 +05'30' 2 “3. Issue a writ of mandamus or any other appropriate writ of the like nature directing the Respondents to allow the Petitioner to proceed on premature retirement/release from the Indian army with all the consequential benefits applicable to the Petitioner” BR Sharma, learned CGSC appearing for the respondent nos. 1, 3 & 4 submitted that if this Court gave direction to consider for grant of such prayer to the petitioner, the authorities will have no objection and the said prayer will be duly considered in terms of relevant rules. Mr. W. Darakeshwar, learned Sr. PCCG representing CBI submitted that the ongoing trial against the petitioner is crucial for holding integrity of the judicial process and maintaining public trust in public servants and that allowing a public servant facing serious charges to prematurely retire during trail could be perceived as undermining justice and eroding public confidence as the Department of the petitioner has rightly rejected his premature retirement application. After hearing the submission advance by the learned counsel appearing for the parties, this Court is of the consider view that it is for the respondent nos. 1, 3 & 4 to decide whether to grant to the petitioner his prayer for allowing premature retirement or not in terms of 3 the applicable rules and this Court has not express anything on merit. Accordingly, the present petition is disposed of by directing the respondent nos. 1, 3 & 4 to consider the prayer made by the petitioner for allowing him to proceed on premature retirement/released from Indian Army with all consequential benefits applicable to the petitioner strictly in terms of rules/guidelines. It is made clear that the consideration and passing of necessary orders by respondent no. 1, 3 & 4 should be completed within a period of two months from the date of receipt of certified copy of this order. With the aforesaid direction, the present petition is disposed of. JUDGE Lucy