[2025:RJ-JP:44591] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15602/2025 Major Rahul Singh (S.no. 78929-Y) S/o Shri Tarachand Singh, Aged About 36 Years, Resident Of 25 Rajput Regiment Attached To 38 Medium Regiment, Farid Court, Punjab, Presently Petitioner Is Under Open Arrest Through His Father Namely Tarachand S/o Shri Shambhoo Nath Singh, Age 58 Years, Resident Of Flat No. 1004, A-Block, Charodia Ashiana, Gokulpura, Jaipur Rajasthan 302012. ----Petitioner Versus 1. The Union Of India, Through The Secretary, Ministry Of Defence, South Block, Dhq Po, New Delhi 110011. 2. Chief Of The Army Staff, South Block, Dhq Po, New Delhi 110011. 3. General Officer Commanding In Chief, Hq South Western Command, Jaipur, Rajasthan 4. General Officer Commanding, 10 Corps, C/o 56 Apo. 5. General Officer Commanding, 16 Rapid, C/o 56 Apo. 6. Colonel M. Kapil Dev, Commanding Officer, 38 Medium Regiment Faridkot, Punjab. 7. Lieutenant Colonel Nitin Narayan, Second In Command 38 Medium Regiment, Faridkot, Punjab. 8. Colonel Kamaldeep Panwar Ex- Commanding Officer 25, Rajput, Regimental Centre, Fatehgarh, Uttar Pradesh. ----Respondents For Petitioner(s) : Dr. Tara Chand Sharma (father of petitioner) Major Rahul Singh petitioner in person through V.C. For Respondent(s) : Mr. Bharat Vyas (Senior Advocate) ASG through V.C. with Mr. Chandra Shekhar Colonel Tushar Singh Major Ganiv Kaur [2025:RJ-JP:44591] (2 of 5) [CW-15602/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/11/2025 1. Instant writ petition has been filed by the petitioner with following prayers: “(i) the impugned order dated 08-12-2023 passed by the respondent, whereby the petitioner was kept under the suspension may be quashed and set aside. (ii) The impugned order dated 22-12-2023 issued by the commanding officer of 25 rajput regiment, may be quashed and set aside. (iii) The impugned charge sheet dated 27-08- 2025 issued by the respondent, whereby the charge sheet has been filed against the petitioner and undue advantage with the intention to perform the public duty dishonestly contrary to the section 7-a ofprevention of corruption act, 1988. May be quashed and set aside. (iv) The impugned order dated 03-09-2025 passed by Major General, General Officer Commanding, 16 recognized army plains infantry division and further subsequent proceedings may be quashed and set aside. (V) Respondents may be directed to allow the petitioner to discharge his duties as a Major IC- 78929Y in 25 Rajput Regiment. (vi) Any other appropriate writ, order or direction, which may be considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner. (vii) Cost of the writ petition may also be awarded in favor of the petitioner” 2. Major Rahul Singh is present through V.C. from Military Station, Fazilka (Punjab). The father of petitioner Mr. Tara Chand is also present before this Court. 3. Considered submissions of petitioner Major Rahul Singh, his father Tara Chand, learned ASG Mr. Bharat Vyas, Mr. Chandra Shekhar counsel assisting learned ASG, Colonel Tushar Singh and Major Ganiv Kaur. [2025:RJ-JP:44591] (3 of 5) [CW-15602/2025] 4. Learned ASG has raised objection about maintainability of writ petition as general court-martial proceedings against Major Rahul Singh is in progress. He further submits that the Armed Forces Tribunal has been set up for adjudication of appeals arising out of orders, findings or sentence on court martial held under the Army Act, 1950. The father of petitioner has placed reliance upon judgment in case of Union of India Vs. Parashotam Dass (Civil Appeal No. 447 of 2013) and Union of India and Anr. Vs. Col. A.D. Nargolkar & Ors. (Civil Appeal No. 10686 of 2018) passed by Hon’ble Supreme Court and submitted that this Hon’ble Court has the jurisdiction to consider the writ petition under Article 226 of the Constitution of India. 5. After considering the submissions of the parties, at present general court-martial proceedings against Major Rahul Singh is going on after explanation of charges but same is at preliminary stage. 6. The petitioner has challenged the proceedings as illegal on the ground of violative of Sections 3(xiii), 50, 101 and 102 of Army Act,1950 and Rules 22, 27, 28, 33(6) of Army Rules, 1954 and on ground of non-observance of principle of natural justice. The petitioner has also raised the serious issue of vindictiveness and deliberate delay in proceedings. 7. Considering submissions and also the fact that a serious objection is raised by learned ASG about invocation of jurisdiction by present petitioner primarily on the basis of provisions under the Armed Forces Tribunal Act, 2007 wherein issues pertaining to appeals arising out of orders, findings or sentence of court martial held under the Army Act, Navy Act and Air Force Act and for [2025:RJ-JP:44591] (4 of 5) [CW-15602/2025] matters connected therewith and incidental thereto, were specifically assigned for adjudication and trial to the Armed Forces Tribunal (AFT). Since, the petitioner has alleged violation of principle of natural justice and also of his fundamental rights, therefore, considering the submissions without interfering in the process adopted by the respondents, it is appropriate to treat this writ petition as representation and dispose with direction to respondent no.3 to decide the grounds raised in the writ petition or in the supplementary representation, if any, submitted by petitioner either in person or through his father. 8. Having considered aforesaid, the writ petition is disposed of with direction to respondent no.3 General Officer Commanding In Chief, Headquarter South Western Command, Jaipur to consider the writ petition as representation of petitioner and decide the same in light of the provisions of Army Act, 1950 and Army Rules, 1954 as referred during course of arguments and also in the petition itself. If the petitioner desires to file additional representation, he may file it at earliest (preferably within seven days from today) either in person or through his father to respondent no.3. The respondent no.3 after taking note of aforesaid shall decide the representation within a period of thirty days from today. After decision, a copy shall be supplied to Major Rahul Singh. Thereafter, an opportunity be granted to him to contact his father Tara Chand to decide further course of action, if he wants to take any legal recourse. If the petitioner is still aggrieved, then he has a right to approach any forum available to him under the law. The respondent no.3 is free to decide whether [2025:RJ-JP:44591] (5 of 5) [CW-15602/2025] to proceed for general court-martial proceedings against the petitioner or not, during pendency of the representation. 9. Needless to say that we have not expressed any opinion on any of the issue raised on merits or justification of general court- martial proceedings instituted against the petitioner. 10. With aforesaid, the writ petition along with all pending applications stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /300