High CourtsSingle Bench(2019) 02 DEL CK 0251

Col Anand Swaroop vs General Bipin Rawat & Ors

Delhi High Court · Decided on 19 February 2019

HON’BLE JUDGES
Vinod Goel, J
RESULT
Disposed Off
CASE NUMBER
CONT.CAS(C) 126 Of 2019

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Judgment

5 paragraphs · 212 words
1.

Mr. Kirtiman Singh, the Central Government Standing Counsel, on instructions, has placed on record a copy of message received from JAG Branch, Headquarter Western Command to the effect that "it is clarified as under ALFA (.)  confirming  authority  of  the  petitioner  is  GOC-IN-C  western command in terms of Para 472 of Regulation for the Army COMMA 1987 (Revised Edition) BRAVO (.) GCM proceedings were  placed before  GOC Delhi Area  for consideration of revision of findings of GCM. GCM proceedings were placed before GOC Delhi area for consideration of revision of findings of GCM. GCM proceedings not repeat not yet been submitted to GOC-in-C western command till date."

2.

The learned CGSC states that the General Officer Commanding, Delhi Area, Delhi Cantt is not the confirming authority of the petitioner. He further states that the confirming Authority of the petitioner is General Officer Commanding-in-Chief, Western Command, Chandimandir (Haryana) in terms of Regulation 472 of the Regulation of the Army, 1987.

3.

In view of the above, the learned counsel for the petitioner seeks permission to withdraw the petition with liberty to avail other remedies as available in law.

4.

As such, the petition is dismissed as withdrawn with liberty, as prayed for.

5.

Order dasti under the signature of Court Master/Private Secretary.