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Judgment
In pursuance to the order passed on 09.03.2022, the respondents have filed a short affidavit. Various queries were raised by this Tribunal with reference to the statutory powers available to the Competent Authority for convening a fresh Court of Inquiry under Rule 179 of the Army Rules and prima facie we were of the view that after the Court of Inquiry was concluded and final decision taken of imposing a punishment, the second Court of Inquiry was not permissible. Shri Bhati tried to convince us by producing the record that this is permissible and in the facts and circumstances of the case, the respondents have not committed any error. However, due to paucity of time and non-availability of adequate number of Members in the Tribunal, we are unable to address all issues afresh today but prima facie, we find that the argument of the respondents does not seem to be convincing and it is contrary to the mandate of the Statute, particularly Rule 179(5) of the Army Rules. However, we direct the parties to complete their pleadings within a week’s time and direct for listing of the matter after one week.
List the matter on 11th April, 2022. In the meanwhile, interim protection shall continue to remain in operation.