- 1 - NC: 2025:KHC:3943-DB WP No. 15767 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 15767 OF 2024 (S-DIS) BETWEEN: EX-SEPOY MANJUNATH V S, S/O LATE SRI SHIVANNA, AGED ABOUT 42 YEARS, EX-MEG AND CENTRE NOW R/AT VILLAGE VEERAPURA POST, THEETHA, TALUK KORATAGERE, DISTRICT TUMAKURU - 572 129. …PETITIONER (BY SRI. X M JOSEPH.,ADVOCATE) AND: 1. THE UNION OF INDIA, REP BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, DHQ P O, NEW DELHI - 110 011. 2. THE CHIEF OF THE ARMY STAFF COAS’S SECRETARIAT, ARMED HEAD QUARTERS, SOUTH BLOCK, DHQ P O, NEW DELHI - 110 011. 3. COMMANDANT AND OFFICER IN CHARGE (RECORDS) ABHILEKH KARYALAYA, MADRAS ENGINEERING GROUP PIN - 900493 C/O 56 APO Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3943-DB WP No. 15767 of 2024 4. EX COMMANDING OFFICER DEPOT BATTALION, MADRAS, ENGINEERING REGIMEN C/O 56 APO. 5. COMMANDING OFFICER, 6 ENGINEERING REGIMENT, C/O 56 APO 6. EX-ADJUTANT (ADMINISTRATIVE OFFICER) DEPORT BATTALION, MADRAS ENGINEERING GROUP PIN - 900 493 C/O 56 APO …RESPONDENTS (BY SMT.SINCHANA M R.,ADVOCATE FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENT NO.6 PERTAINING TO SUMMARY COURT MARTIAL PROCEEDINGS IN CASE NO.15320450K/CF/21/A3DB AND ALSO THE RELEVANT RECORDS PENDING WITH ARMED FORCES TRIBUNAL IN TRANSFER APPLICATION NO.203/2010 AND THE ENTIRE FILE IN RA NO.3/2013 IN TA NO.203/2010 AND OTHER RELEVANT RECORDS AND 2) ISSUE A WRIT IN THE NATURE OF WRIT IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE IMPUGNED AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE G BASAVARAJA - 3 - NC: 2025:KHC:3943-DB WP No. 15767 of 2024 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) This petition by an Ex-Defense Personnel seeks to invoke writ jurisdiction of this court with the following prayers: “(i) Call for relevant records pending on the file of respondent No.6 pertaining to summary court martial proceedings in Case No.15320450K/CF/21/A3DB and also the relevant records pending with Armed Forces Tribunal in Transfer Application No.203 of 2010 and the entire file in RA nO.3/2013 in TA No.203/2010 and other relevant records. (ii) Issue a writ in the nature of writ of certiorari by quashing the impugned a) The impugned summary court master proceedings/order dated 21st Jan 2024 bearing No.15320450K/CF21/AD3DB passed by the respondent No.6 vide ANNEXURE –‘D’. b) Dismissal certificate bearing No. Nill, dated 28th Jan 2004 issued by the Respondent No.6 vide ANNEXURE-‘E’. c) And the Order of dismissal of Transfer Application No.203/2010 dated 13.12.2012 and Review Application No.3/2013, dated 5th March 2013 passed by the Learned Armed Forces Tribunal vide ANNEXURE-‘J’ and ‘K’ and also all further proceedings in pursuant of the - 4 - NC: 2025:KHC:3943-DB WP No. 15767 of 2024 order of summary court martial proceedings. (iii) Issue a writ in the nature of writ of mandamus directing the Respondents to consider the representation dated 01.06.2024 vide ANNEXURE-‘N’ and also statutory complaint submitted to respondent No.2 dated 01.01.2010 vide ANNEXURE-‘G’. iv) Grant any other order/direction to the respondent in the circumstances and probabilities of the case as deemed just and proper and the same may consider in the interest of justice and equity.” 2. Learned counsel for the petitioner seeks to falter the impugned proceedings on very many grounds including the absence of jurisdictional facts, violation of principles of natural justice, plea of disproportionate penal action, etc. 3. After service of notice, learned CGC appearing for the respondents vehemently opposes the petition contending that challenge to dismissal certificate was negatived by the Armed Forces Tribunal and later challenge to the same was rejected by the Apex Court on the specific ground that no substantial question of law - 5 - NC: 2025:KHC:3943-DB WP No. 15767 of 2024 arose in the petition. Learned CGC invokes resjudicata to non-suit the petitioner inasmuch as his challenge upto the level of Apex Court of the country has ended in vain. 4. The Apex Court order dated 24.04.2014 reads as under: “Heard. Delay condoned. No substantial question of law of general/public importance arises for our consideration. The prayer for leave to appeal is accordingly declined and the application dismissed.” Admittedly, no liberty is reserved to the petitioner to come before this court, either. Fairly enough petitioner in his synopsis to the petition at para 4 has stated as under: “That, aggrieved by the impugned orders, the petitioner has preferred Civil Appeal before the Hon’ble Supreme Court of India. The Civil Appeal No.1616/2014 was also dismissed by order dated 24.02.2014. …”. The vehement submission of learned counsel for the petitioner that the Apex Court in Civil Appeal No.447 of 2023 between UNION OF INDIA vs. PARSHOTAM DASS - 6 - NC: 2025:KHC:3943-DB WP No. 15767 of 2024 disposed off on 21.03.2023 has relegated similar Defense Personnel to the writ court and therefore the subject petition at hand is maintainable, does not merit acceptance. The simple reason is that in PARSHOTAM supra there were several cases and admittedly petitioner’s was not one of them. In the above circumstances, writ petition is liable to be rejected and accordingly it is, costs having been made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE Bsv/snb List No.: 1 Sl No.: 20