LAWS(DLH)-2022-2-170

BRIG. SK GUPTA Vs. UNION OF INDIA

Decided On February 03, 2022
Brig. Sk Gupta Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The matter has been heard by way of video conferencing.

(2.) Present writ petition has been filed challenging the order dtd. 18/1/2022 passed by learned Armed Forced Tribunal (AFT) in M.A No.5/2021 in O.A. No. 1135/2019 whereby the AFT dismissed the Petitioner's application challenging the conveying letter dtd. 30/12/2021. Petitioner also challenges the attachment order dtd. 16/8/2021, which allegedly was never served upon the Petitioner, and the letter dtd. 30/12/2021 by which the petitioner was conveyed of the passing of the attachment order dtd. 16/12/2021. Petitioner further challenges the apprehension roll dtd. 6/1/2022 seeking a direction to declare the same to be illegal, without any authority of law and, thus quash and set aside the same. The petitioner also seeks a direction to the Respondents to pay Rs.10,00,000.00 as damages to the Petitioner for violation of his Fundamental Rights as guaranteed under Article 21 of the Constitution of India.

(3.) Learned counsel for the Petitioner states that vide impugned order dtd. 30/12/2021, the Respondents have informed the Petitioner about his attachment to RVC Centre & College, Meerut Cantt., for completion of disciplinary proceedings, which were initiated vide the impugned order dtd. 16/8/2021. He states that vide the impugned apprehension roll dtd. 6/1/2022, the Respondents have ordered coercive apprehension of the Petitioner with the aid of civil police officers.