Major Arvind Joshi v. UOI and Ors.

Delhi High Court · 21 Mar 2016 · 2016:DHC:2376
Hima Kohli; Sunil Gaur
W.P.(C) 2139/2007
2016:DHC:2376
administrative other Procedural

AI Summary

The Delhi High Court disposed of the petition challenging Regulation 423 without deciding on its legality, as the petitioner chose not to press the matter following changed circumstances and setting aside of his conviction.

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HIGH COURT OF DELHI
W.P.(C) 2139/2007
MAJOR ARVIND JOSHI ..... Petitioner
Through: Dr. L.S. Chaudhary, Advocate with Ms. Swati Guha Mazumdar and Ms. Reema Bhola, Advocates
VERSUS
UOI AND ORS ..... Respondents
Through: Mr. Prashant Shivrajan and Mr. Harsh Singhal, Advocates for Mr. Ankur Chhibber, Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 21.03.2016
JUDGMENT

1. The petitioner has filed the present petition praying inter alia for quashing the proviso to Regulation 423 (Annexure P-1) and for restraining the respondents from passing any adverse orders against him.

2. Counsel for the petitioner states that the petitioner has superannuated from the Indian Army in the year 2015, whereafter he has been re-engaged by the Army and in view of the changed circumstances, he does not wish to press the present petition, more so since in the interregnum, the Guwahati High Court has set aside the conviction order dated 31.10.2006 passed against him by the Sessions Court. W.P.(C) 2139/2007 2016:DHC:2376

3. Having regard to the submissions made by the counsel for the petitioner, the present petition is disposed of while leaving open the question of law raised herein with regard to the illegality of the proviso to Regulation

423. HIMA KOHLI, J SUNIL GAUR, J MARCH 21, 2016 rkb/ap