Major Rohith C G v. the Union of India
Case brief
What is this about?
Defence Official challenged maintenance order under Army Act, 1950 via writ petition. High Court noted statutory alternate remedy exists under Armed Forces Tribunals Act, 2007.
What did the court decide?
Writ petition disposed reserving liberty to petitioner to avail remedy of statutory appeal within four weeks. All contentions kept open.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.15308 OF 2020 (GM-RES)
BETWEEN:
MAJOR ROHITH C.G, S/O GANAPATHY C.M, AGED AOUT 43 YEARS, R/AT NO 9, SAMRUDDHI, SILVER SPRINGS LAYOUT, NEAR HORSE RIDING ACADEMY BOGADI MYSURU - 570 026.
…PETITIONER
(BY SRI. B.N.BALASUBRAMANYA, ADVOCATE FOR SRI. M.T.NANAIAH & ASSOCIATES)
AND:
- 1 . THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF DEFENCE MINISTRY OF DEFENCE
Issues for consideration
1 issue framed by the court
Whether to exercise writ jurisdiction to quash the maintenance order under Section 90(i) of the Army Act, 1950 when an alternate statutory remedy exists via Armed Forces Tribunals Act.
Parties & counsel
- petitioner
MAJOR ROHITH C.G
- respondent
THE UNION OF INDIA
- respondent
THE GENERAL OFFICER COMMANDING IN CHIEF HEAD QUARTERS SOUTHERN COMMAND
- respondent
PRINCIPAL CONTROLLER DEFENCE ACCOUNTS
- respondent
INDIRA C.R.
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · January
- Registered
- Case no.
- WP/15308/2020
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