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2025 DAILYLAW 12062 (RAJ)

EX. SUB HAZARILAL S/O SHRI BA SINGH v. UOI

CW/4396/2025 · 2025-04-04

Anand Sharma, Manindra Mohan Shrivastava

body2025

Judgment text

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[2025:RJ-JP:15267-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Civil Writ Petition No. 4396/2025 Ex. Sub Hazarilal S/o Shri Ba Singh, R/o Raindayal, Mahaveer Ji, Karoli, Rajasthan. ----Petitioner Versus 1. UOI, through Secretary Ministry of Defence, Government of India, DHQ Post, New Delhi-110011 2. The Commandant, ASC, Centre (South), Agram Bengaluru, Karnataka-560007 3. Director General ASC, IHQ of MoD (Army) Sena Bhawan, New Delhi- 110011 4. Commanding Officer, 5004 ASC Bn. 4, Corps, Tejapur, Assam ----Respondents For Petitioner : Ms. Anjali Minocha Advocate. For Respondents : Ms. Manjeet Kaur Advocate. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANAND SHARMA Order 04/04/2025 1. Challenge to order dated 17.12.2024 passed by the Armed Forces Tribunal, Regional Bench Jaipur (hereinafter referred to as ‘the Tribunal’) is based on the submission that the specific allegations of misconduct were levelled against Sepoy Ajay Singh, but the Tribunal has refused to interfere and disposed off the original application by directing consideration of representation whereas the Tribunal was required to exercise its jurisdiction and direct initiation of departmental enquiry. [2025:RJ-JP:15267-DB] (2 of 2) [CW-4396/2025] 2. We are afraid that the submission made before this Court is totally misconceived. If we may say so, original application itself was frivolous. The Tribunal does not have jurisdiction to direct enquiry to be initiated on the application filed by anyone. 3. Be that as it may, learned Tribunal gave liberty to the petitioner to file representation and expect the competent authority to critically examine the case in the light of the extant rules and regulations. 4. Learned counsel for the petitioner, during the course of arguments, submitted that on 07.03.2025, representation has been considered and an opinion has been formed that no action is contemplated at this stage on Sepoy/Mechanical Transport Ajay Singh. 5. Leaving it open to the petitioner to take such remedy as may be available under the law against communication dated 07.03.2025, we are not inclined to interfere with the order passed by the Tribunal. 6. Writ petition is, accordingly, dismissed. (ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-Divya /11