Wg Cdr Soumya Deep Das v. Union Of India And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17563/2024 WG CDR SOUMYA DEEP DAS .....Petitioner Through:

Mr. Anurag Bhatt, Mr. Lokesh Pathak, Mr.

Ansh Narayan Tripathi, Mr. Ankur Gupta and Mr. Vaibhav, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through:

Ms. Nidhi Taman, CGSC with Mr. Zubin Singh and Mr. Akash Mishra, Advs. for R-1 to R-3.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 19.12.2024 CM APPL. 74779/2024 1.

Allowed, subject to all just exceptions.

W.P.(C) 17563/2024, CM APPL. 74780/2024 2.

This petition has been filed by the petitioner praying for the following reliefs:

"a. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 to 5 to inform the Petitioner of the data which has been copied from the ICT devices of the Petitioner, and provide, certified copy of search and seizure memo, chain of custody documents, forensic request form, seizure order, password sharing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 08:56:37

Performa, entry page regarding the ICT devices of the Petitioner;

b. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 to 5 to restore the data which has been deleted from the ICT devices of the Petitioner by the Respondent;

c. Issue the direction to the respondent No. 1 to 4 to initiate strict disciplinary action against the respondent no.05, 06, 07 & 08 for abuse of power and ill treatment to subordinate as per the Section 47 of the Air Force Act and for violation of fundamental right of the petitioner;

d. Kindly pass the order to the respondent No. 1 to 8 to compensate the petitioner for violation of his fundamental rights, loss of personal data etc as this Hon'ble Court may deem fit in the interest of justice."

3.

Having perused the contents of the petition, we are of the opinion that the remedy of the petitioner would lie before the learned Armed Forces Tribunal (AFT).

4.

Accordingly, the petition is disposed of by granting liberty to the petitioner to avail of his remedy before the learned AFT. 5.

We make it clear that we have not expressed any opinion on the merits of the contentions raised by the petitioner in the present petition.

NAVIN CHAWLA, J SHALINDER KAUR, J DECEMBER 19, 2024/ss/B/SJ Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 08:56:37