Armed Forces Tribunal
Hav Nahar Singh vs UOI & Others on 15 December 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
3.
OA (Appeal) No 03/2025 with MA Nos 477/2025 & 478/2025
Hav Nahar Singh through Pairokar Shri Digember … Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Ms. Anjali Minocha, Mr Puru Mudgil,Advocates For Respondents : Mr. Pyare Lal, Senior Panel Counsel
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
15.12.2025
1. Under Section 15 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA (Appeal) praying for directing the Respondents to bring on record the Orders dated 22/11/2025 and 25/11/2025 passed by Learned GCM whereby the issue raised through the present OA (A) was dismissed. He has also prayed for quashing and setting aside these Orders alongwith Convening Order dated 27/10/2025 and the Chargesheet dated 25/10/2025 as unconstitutional for violation of Section 122 of Army Act, 1950 and that directions be issued to the Respondents to release the applicant from current attachment at Suratgarh military station for disciplinary proceedings.
2. We have heard both the parties and perused the material on record.Perusal of copy of convening of Court of Inquiry reveals that the court of inquiry against the applicant was ordered to investigate the circumstances under which incident of illegal sale and misappropriation of Engineer Stores amounting to Rs 40 Lac, which were held on the charge of Engineer & Ordnance Stores Dump, Suratgarh and Garrison Engineer, Engineer Park, Suratgarh had taken place.
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3. During the course of hearing, Senior Panel Counsel appearing for the Respondents submits that this application is premature as the GCM against the applicant is going on and it has not attained its finality and no impugned order(s) has been passed or promulgated against the applicant so far.
4. Having heard the Counsel for the Applicant and the Counsel for the Respondents, and taking note of overall facts and cirucumstances of the case, we expect the competent authority to take into consideration the objections/points raised by the applicant in this OA (Appeal),in case the applicant has already raised the same before the GCM and/ to be raised by the applicant during the course of the ongoing GCM proceedings, and take appropriate action expeditiously.
5. In view of the foregoing and since GCM proceedings against the applicant have not yet been finalised, this Application is not maintainable at this stage and, hence, dismissed.
6. No order on costs. Both the MA Nos 477 & 478/2025 stand disposed off.
7. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-