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High Court of DelhiW.P.(C)/2128/2018

Girasepramod Jai Singh v. Union Of India & ANR

2018-03-07Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Pratibha Rani2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2128/2018 GIRASEPRAMOD JAI SINGH ..... Petitioner Through: Petitioner in person.

versus UNION OF INDIA & ANR ..... Respondents Through: Mr. Kirtiman Singh, Advocate.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 07.03.2018 1.

The present petition has been filed by the petitioner, who appears in person, challenging the Summary Court Martial order dated 18.03.2013, whereunder he was dismissed from service.

2.

A perusal of the records reveals that the petitioner had approached the Armed Forces Tribunal, Regional Bench, Kochi, against the order of dismissal passed against him, by filing O.A. No.65/2013, which was decided on 26.06.2014 (Annexure-P3). By the said judgment, the AFT had upheld the conviction of the petitioner under Section 69 of the Army Act read with Section 354 of the IPC and further, affirmed the sentence of dismissal from service awarded to him. Only the sentence of rigorous imprisonment for six months imposed on him was reduced to the period that the petitioner had already undergone.

W.P.(C) 2128/2018

3.

Thereafter, the petitioner approached the AFT for permission to file an appeal against the judgment dated 26.06.2014 before the Supreme Court, which request was rejected vide order dated 31.07.2014. The petitioner then filed an appeal (Criminal Appeal No.15116/2015) against the order dated 31.07.2014, declining him leave to file an appeal against the judgment dated 26.06.2014 before the Supreme Court, which was also dismissed by the Supreme Court vide order dated 14.09.2015. A review application filed by the petitioner for seeking review of the order dated 14.09.2015, was dismissed on 12.05.2016.

4.

This being the position, quite clearly, the matter has attained finality in every which way. The petitioner cannot be permitted to re-agitate the entire issue by filing the present petition, which is not maintainable and is accordingly dismissed.

HIMA KOHLI, J PRATIBHA RANI, J MARCH 07, 2018 na W.P.(C) 2128/2018