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133+297 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-W-807-2025 in/and CRWP-4196-2025 Date of Decision : 23.07.2025 NUMBER IC-61349N COLONEL VIKAS PANDEY .....Petitioner VERSUS UNION OF INDIA AND OTHERS ....Respondents
CORAM:
HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Sanjeev Sharma, Sr. Advocate with Mr. Mansangat Singh Kohli, Advocate, for the petitioner. Ms. Bhavna Datta, Sr. Panel Counsel, UOI for respondents no. 1 to 6.
ASHWANI KUMAR MISHRA, J. (ORAL) CRM-W-807-2025
1. Application is allowed, as prayed for. CRWP-4196-2025
2. The Armed Forces Tribunal (respondent no.7) by the order impugned dated 06.04.2025, has declined to grant any interim protection to the petitioner while entertaining the challenge of the petitioner to the minutes of the Summary General Court Martial proceedings.
3. It is urged on behalf of the petitioner that the inquiry proceedings suffer from fundamental error, and such issues would go to the root of the matter. It is, therefore, submitted that if the challenge on DHARAM VIR 2025.07.28 19:06 I attest to the accuracy and integrity of this document
CRM-W-807-2025 in/and CRWP-4196-2025 -2- merits is entertained, the Tribunal ought not to have allowed the Summary General Court Martial proceedings to continue, as it would cause irreparable loss/injury to the petitioner.
4.
Learned counsel for the respondent-UOI, on the other hand, opposes the prayer and submits that the pleadings before the Tribunal have already been exchanged and the matter is fixed for final hearing in the month of September, this year. It is, therefore, urged that no prejudice would be caused to the petitioner, if the proceedings itself, are concluded before the Tribunal.
5. Considering the facts and circumstances of the present case, this Court is of the view that the pending proceedings before the Tribunal itself be concluded expeditiously. For such perquisites, this Court requests the Tribunal to dispose of the matter finally on the next date fixed or immediately thereafter by fixing a short date.
6. In the meanwhile, the Summary General Court Martial proceedings, may go on, but no confirmation orders shall be passed.
7.
Disposed of accordingly.
9. All pending application(s), if any, also stand disposed of accordingly.
(ASHWANI KUMAR MISHRA) JUDGE (KULDEEP TIWARI) JUDGE July 23, 2025
dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.07.28 19:06 I attest to the accuracy and integrity of this document