Ex. Major General M.S. Jaswal vs Union Of India And Ors

ik-82059078 Delhi High Court 6 December 2025 • 26 min read

Judges (2)

C. Hari Shankar Delivered Om Prakash Shukla Coram

Counsel (9)

Anand Kumar Counsel Petitioner Asmita Counsel Petitioner Avshreya Pratap Singh Rudy Counsel Respondent Gurpreet Das Counsel Petitioner Mohd. Junaid Mahmood Counsel Respondent Prajna Pandita Counsel Respondent Rishabh Kumar Counsel Petitioner Shree Prakash Sinha Counsel Petitioner Usha Jamnal Counsel Respondent

Parties (2)

Union of India Respondent Ex. Major General M.S. Jaswal Petitioner

Case Significance

Ex. Major General M.S. Jaswal vs Union Of India And Ors is a Delhi High Court decision dated December 6, 2025 (citation: ik-82059078). A retired Major General challenged the Armed Forces Tribunal's orders in two connected matters arising from General Court Martial proceedings under Section 109 of the Army Act. The Court found that the Tribunal erroneously disposed of the second OA (OA 191/2019) by treating it as identical to the first, when the issues regarding application of Rule 147 of the Army Rules differed. The Tribunal's orders were set aside and OA 191/2019 was remitted for fresh decision. The bench comprised Justices C. Hari Shankar and Om Prakash Shukla. The judgment was delivered by Justice C. Hari Shankar.

Summary

A retired Major General challenged the Armed Forces Tribunal's orders in two connected matters arising from General Court Martial proceedings under Section 109 of the Army Act. The Court found that the Tribunal erroneously disposed of the second OA (OA 191/2019) by treating it as identical to the first, when the issues regarding application of Rule 147 of the Army Rules differed. The Tribunal's orders were set aside and OA 191/2019 was remitted for fresh decision.

What was the outcome of Ex. Major General M.S. Jaswal vs Union Of India And Ors?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-82059078)