Delhi High Court dismissed a writ petition challenging a soldier's appointment on grounds of presumptive delay and lack of locus standi. The Court left the question of inquiry to army authorities.
The writ petition was dismissed on grounds of delay and lack of locus standi.
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SUBHEH SINGH YADAV ..... Petitioner Through: Mr.Sujeet K. Mishra, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents Through: Mr.Jasmeet Singh, CGSC with Mr.Ankur Chhibber & Mr.Prashant Sivarajan, Advs. for R-1 to 4.
CORAM:
HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA
O R D E R % 14.03.2017
In this writ petition, the petitioner has sought order directing the respondents to initiate the inquiry against the respondent no.5 under the provisions of Army Act, 1950 and the rules framed thereunder for obtaining appointment by submission of false documents with regard to his age.
It is not in dispute that the respondent No.5 was appointed in the year 2002. This writ petition, filed on or about 31.08.2016, is hopelessly belated.
Moreover, there is not a whisper in the writ petition explaining the locus standi of the petitioner to question the appointment of the respondent.
The writ petition is dismissed on the ground of delay and also on the ground of lack of locus standi of the petitioner to initiate the writ petition. The pending application stands disposed of.
Whether any inquiry should be conducted or not is a matter for the army authorities to decide. It is, however, expected that the army authorities will look into the specific allegation in the writ petition of submission of false documents with regard to the date of birth of the petitioner.
INDIRA BANERJEE, J
ANIL KUMAR CHAWLA, J
MARCH 14, 2017 gm
1 issue framed by the court
Whether a writ petition seeking inquiry for appointment based on false age documents instituted after eleven years is maintainable.
1 provisions across 1 enactments
Subheh Singh Yadav
Union of India
In BEA
Anil Kumar Chawla
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
