submitted another representation to set aside the reconvening order of
COI and seeking a reply to his representation dated September 28, 2015.
Pursuant thereto ... March 21, 2016, the petitioner made representations for setting aside of the
COI as well as for the supply of documents under Rule
convening of Court
of Inquiry (hereinafter referred to as the "COI") to conduct a
prima facie inquiry into the matter. Besides examining other ... persons the COI examined the prosecutrix and her brother Joy
Dev Sarkar who stated that the prosecutrix was raped by the
petitioners
been issued on 17th September,
2007 to initiate the Court of Inquiry (COI) against the petitioner on the
allegations made by Sh. Pundir ... dated 30th October, 2007 it
was communicated to the petitioner that the COI would assemble at
Nasirabad near Jaipur on 5th November
would be to
approach the Supreme Court under Article 136 of the COI.
13.6 The aforesaid interpretation is argued to effectively leave the
Adjudicating Authority ... would also be in
violation of Article 14 of the COI, which could never have been the
LPA 102/2023 and connected matter Page
Article 227 of the Constitution of
India [hereinafter referred to as "COI"], as it was not acting in its
original jurisdiction.
Signature ... that initially only the PAO was challenged
under Article 226 of the COI. However, due to the change in
circumstances namely, the issuance
Article 226 of the
Constitution of India, 1950 [hereinafter referred to as „COI‟], which is
as follows:
"226. Power of High Courts to issue ... territorial jurisdiction, a reference
is made to Article 226(2) of the COI, which empowers High Courts to
exercise its writ jurisdiction in relation
ends of justice.
18. Although the applicant has not impugned the CoI/
Additional CoI of the SoE/ Additional SoE, the relevant
issues pertaining ... year 2012 /2013, the petitioner
had to face a Court of Inquiry („COI‟, for short) due to certain
allegations made by another officer
July 2018, the IG SSB convened an Additional COI in
terms of Rule 175(11)8 of the Sashastra Seema Bal Rules 20099, to
investigate ... collect further evidence. The Addl. COI submitted its
report in July 2018. The Addl. COI found that the petitioner, as
officiating commandant of the 63rd
extensive inquiry was
undertaken involving both the IAF officials and HAL. The CoI proceedings
took note of not only the complete range of technical parameters ... aver that no
accountability was affixed to the crash. An elaborate CoI determined the
cause of the crash and served as the launch
been issued on 17th September,
2007 to initiate the Court of Inquiry (COI) against the petitioner on the
allegations made by Sh. Pundir ... dated 30th October, 2007 it
was communicated to the petitioner that the COI would assemble at
Nasirabad near Jaipur on 5th November
