Indian Kanoon - Search engine for Indian Law

1. This writ petition is directed against orders dated 30 May 2025 and 29 August 2025 passed by the Armed Forces Tribunal1 on the prayer for interim relief contained in OA 1568/2025 and RA 22/2025, filed by the petitioner.

1 "the Tribunal", hereinafter

2. The order dated 30 May 2025 was itself directed against a tentative chargesheet issued to the petitioner on 5 May 2025 proposing to hold a Court of Inquiry into certain allegations against him. The case of the petitioner before the Tribunal appears to have been that an earlier punishment of reproof had been granted to him and that therefore no chargesheet could have been issued.

2. Pursuant to the notice, the respondents were directed to show cause as to whether the tentative charge sheet issued to the applicant is based on the earlier punishment of censure already awarded to him. The respondents have submitted that the earlier punishment of 'Reproof' granted to the applicant has since been revoked and fresh action is now being initiated as per the rules and power vested with the Competent Authority. They have prayed for and are granted four weeks' time to file a detailed counter affidavit.

4. In response, the respondents have submitted that the earlier punishment of censure in the form of 'Reproof' has been withdrawn and they seek to place on record various factors to justify the initiation of fresh proceedings.