EX. MAJOR GENERAL M.S. JASWAL vs UNION OF INDIA AND ORS

Judgment text excerpt

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1864/2025 EX. MAJOR GENERAL M.S. JASWAL .....Petitioner Through: Mr. Shree Prakash Sinha, Mr. Anand Kumar, Mr. Gurpreet Das, Ms. Asmita and Mr. Rishabh Kumar, Advocates versus UNION OF INDIA AND ORS .....Respondents Through: Ms. Avshreya Pratap Singh Rudy, CGSC and Ms. Usha Jamnal, Mr. Mohd. Junaid Mahmood, Ms. Prajna Pandita, Advocates for UOI with Major Anish Muralidhar Army + W.P.(C) 1865/2025 EX. MAJOR GENERAL MS JASWAL .....Petitioner Through: Mr. Shree Prakash Sinha, Mr. Anand Kumar, Mr. Gurpreet Das, Ms. Asmita and Mr. Rishabh Kumar, Advocates versus UNION OF INDIA AND ORS .....Respondents Through: Ms. Avshreya Pratap Singh Rudy, CGSC and Ms. Usha Jamnal, Mr. Mohd. Junaid Mahmood, Ms. Prajna Pandita, Advocates for UOI with Major Anish Muralidhar Army CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 06.12.2025 Signature Not Verified W.P.(C) 1864/2025 & W.P.(C) 1865/2025 Page 1 of 23 Digitally Signed By:AJIT KUMAR Signing Date:15.12.2025 15:39:19 C. HARI SHANKAR, J. 1. The petitioner Ex. Major General M S Jaswal was subjected to General Court Martial1 proceedings under Section 109 of the Army Act 1950, which culminated in an order dated 23 December 2018 finding the petitioner guilty of having committed offences under Sections 354A of the Indian Penal Code2 read with Section 45 of the Army Act 1950, and the imposition, consequent thereto, of punishment of dismissal from service. 2. The petitioner had, during the GCM proceedings, raised a challenge to the jurisdiction of GCM to proceed against the petitioner. 3. The decision taken on the said request was not communicated to the petitioner as soon as it was taken. The petitioner, in these circumstances, approa