SAMUEL KAMALESAN vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 04.03.2025 Pronounced on: 30.05.2025 + W.P.(C) 7564/2021 & CM APPL. 23679/2021, 31825/2021 SAMUEL KAMALESAN .....Petitioner Through: Mr.Gopal Sankaranarayanan, Sr. Adv. with Mr.Abhishek Jebaraj, Ms.A. Reyna Shruti, Mr.Shourya Desgupta, Ms.Shivani Sagar Kalra, Advs. versus UNION OF INDIA .....Respondent Through: Mr.Chetan Sharma, ASG with Mr.Ripudaman Bhardwaj, CGSC, Ms.Avshreya Pratap Singh Rudy, Mr. Amit Gupta, Mr.Kushagra Kumar, Mr.Abhinav Bharadwaj, Mr.Saurabh Tripathi, Advs. along with Major Anish Muralidhar, Army CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed by the petitioner, challenging the Order dated 03.03.2021 issued by the respondent, dismissing the petitioner from the Indian Army without pension and gratuity. The petitioner also seeks reinstatement in service. Case of the petitioner 2. As a brief background of the facts in which the present petition arises, the petitioner was commissioned in the Indian Army on Signature Not Verified Digitally Signed W.P.(C) 7564/2021 Page 1 of 47 By:RENUKA NEGI Signing Date:30.05.2025 20:40:26 11.03.2017 in the rank of a Lieutenant in the 3rd Cavalry Regiment, which comprises of 3 squadrons of Sikh, Jat, and Rajput personnel. The Petitioner was made the Troop Leader of Squadron „B‟, which comprises of Sikh Personnel. 3. It is the case of the petitioner, that the petitioner‟s Regiment maintains only a Mandir and a Gurudwara for its religious needs and parades, and not a „Sarv Dharm Sthal‟, which would serve persons of all faiths. The petitioner, who is of Christian faith, claims that there is no church in the premises. He claims that even the written orders calling the Regiment to the w