Opportunity Of Hearing Not Required To Be Afforded To Army Officers Before Suspending Them Pending Court Of Inquiry : Supreme Court

The Supreme Court observed that opportunity of hearing is not required to be afforded to army officers before suspending them pending the Court of Inquiry.

 Even under Regulation 349 also, there is no requirement of such a procedure to be followed, the bench of Justices MR Shah and BV Nagarathna observed

The relevant portion of Regulation 349 reads as follows: An officer may be suspended from duty (independent of arrest) by his OC or any other superior authority, not only when he himself submits his case for investigation, but also in any case in which his character or conduct as an officer and a gentleman is impugned. An officer arrested by the civil authorities on a criminal charge may be suspended from duty from the date of his arrest, depending upon the nature of the offence and the extent of his involvement.

Col. Vineet Raman Sharda and other officers had approached the Apex Court challenging the suspension orders passed against them. Their main contention was that, before passing the impugned order of suspension, no opportunity of hearing has been given to the petitioners. They also sought compensation for mental agony and embarrassment faced by them due to this.

Opposing this plea, the Solicitor General Tushar Mehta submitted that there are very serious allegations against these officers and, therefore, pending the Court of Inquiry, they have been suspended.

"We do not accept the submissions on behalf of the petitioners that before suspending the petitioners pending the Court of Inquiry, an opportunity of hearing was required to be afforded to the petitioners. Even under Regulation 349 also, there is no requirement of such a procedure to be followed. The petitioners can be suspended pending the Court of Inquiry, which as stated by Shri Tushar Mehta, learned Solicitor General has already been constituted and inquiry is going on.", the bench observed.

The court therefore dismissed their writ petitions observing that their case shall be dealt with in accordance with law and after following due procedure as required under the Army Act and the Rules made therein.

Case details

Col. Vineet Raman Sharda vs Union of India | 2022 LiveLaw (SC) 606 | WP(C) 448/2022 | 14 July 2022 | Justices MR Shah and BV Nagarathna

Headnotes

Army Act, 1950 - Army Regulations - Regulation 349 - Pending the Court of Inquiry, an opportunity of hearing not required to be afforded before suspending Army officers - Under Regulation 349 also, there is no requirement of such a procedure to be followed. 

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