NDLI: Union of India & Ors. Vs. Lt Colonel Dharamvir Singh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Jurisdiction Army Act disciplinary action 1959 Armed Forces Tribunal Act 2007 s.3(o). Order of attachment
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Armed Forces Tribunal Act, 2007 (55 of 2007) Army Act, 1950 (46 of 1950)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Army Act, 1959 – Order of attachment of respondent for initiating disciplinary action under Army Instructions 30/86 –Communications were intimated to the respondent to report to the unit of attachment – Writ petition before Manipur High Court by respondent challenging the legality of these orders – Jurisdiction of the Manipur High Court challenged on the ground that the respondent at the time of the initiation of the action of attachment was based at Nanded in Maharashtra and the orders were issued by the Headquarters at New Delhi – High Court proceeded to entertain the Writ Petition on the submission urged before it that the order of attachment had been issued for the purpose of holding an enquiry in respect of incidents which had taken place at Imphal when the respondent was posted there – The hearing was adjourned to consider the objection to the maintainability of the writ petition and until then the orders impugned were stayed – On 24.01.2019,High Court confirmed the earlier ad-interim order – On appeal,held: High Court was manifestly in error in entering upon an area which related to the exercise of the disciplinary jurisdiction of the Army under the Army Act, 1950 – The admitted position was that the respondent was posted at Nanded in Maharashtra – Manipur High Court had no reasonable basis to exercise jurisdiction – The challenge in the writ petition which was instituted by the respondent before the High Court related exclusively to the order of attachment which was followed by two communications requiring him to proceed to the place of attachment – An officer subject to the discipline of the Army Act, 1950 must abide by the regulations, if the disciplinary jurisdiction is sought to be invoked – It was manifestly inappropriate for the High Court to take upon itself the task of pre-empting the exercise of that jurisdiction and taking over the essential function of determining whether or not recourse to the disciplinary jurisdiction was warranted – Service law – Armed Forces –Jurisdiction – Armed Forces Tribunal Act 2007 – s.3(o).
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 214
Petitioner	Union Of India & Ors.
Respondent	Lt Colonel Dharamvir Singh
SCR	[2019] 4 S.C.R. 582
Judgement Date	2019-02-15
Case Number	1714

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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