Telangana High Court on writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major.
Title : Subedar Radha Krishna Tiwary v. Union of India
Case No. W.P.No.21746 of 2023
Date : 30.10.2023
CORAM : Hon’ble Justice P . Madhavi Devi
Introduction
In this writ petition, the petitioner is seeking a writ of certiorari to call for the entire record concerning the Summary disposal of the charge stated to be conducted in the case of the petitioner on 26.05.2022 and to issue a writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major from 01.07.2022.
Fact of the Case
Brief facts leading to the filing of the present writ petition are that the petitioner was working as a Senior Junior Commissioned Officer i.e., Junior Commissioned Officer in the Unit of 16 Bihar (‘A’-Company), Mehdipatnam Garrison, Hyderabad, which is the Unit of Indian Army functioning under the Ministry of Defence, Union of India. It is submitted that the petitioner was enrolled in the Indian Army in the year 1995 and in November 2021, petitioner’s name was cleared for promotion to the rank of Subedar Major after undergoing the relevant and prescribed tests for the same in the DPC proceedings.
It is submitted that an unknown person has allegedly given a complaint against the Commanding Officer in the name of the petitioner and on the basis of the same, the Commanding Officer has enquired the petitioner as to why he had complained about him to the higher authorities.
Judgement and Case Analysis
Court finds that the first and foremost issue that has to be decided is whether this writ petition is maintainable against the orders of the respondents. Though there is an Armed Forces Tribunal formed to look into the service matters of the army personnel, the petitioner being a Junior Commissioned Officer and the writ petition is filed against the punishment awarded to him, this Court is of the opinion that this writ petition is maintainable before this Court.
As regards the alternative remedy being available to the petitioner, this Court finds that the petitioner has approached this Court because according to him, the Summary proceedings have not been conducted properly or as per the provisions of the Army Rules and therefore, there is a violation of the statutory provisions and also the principles of natural justice.
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Written by Nimisha Sunny
