📍New Delhi | 21 Nov, 2024, 12:54 PM
Delhi High Court Fines MOD: Delhi High Court on Defence Ministry (MoD) and Indian Navy Rs 50,000 penalty The chin is. This penalty has been imposed in a case where both institutions had filed appeal against the law already fixed by the Supreme Court. Case One Former Naval Commander AK Srivastava connected to, already Armed Force Tribunal (AFT) ordered to give disability pension.
What is the case?
Former Naval Officer AK Srivastava claimed the pension for disability caused during his service. AFT cited a verdict of the Supreme Court in favor of them. According to the law of the Supreme Court, if there is a health problem during the service, it will be considered to be related to the service, unless it is proved that this problem was already present and it has been mentioned before it is included in the service.
Despite this, the Ministry of Defence and the Navy challenged this order in Delhi High Court. Hikert dismissed this appeal on November 12 and made it a waste of eviction and time.
The strict comment of High Court
The back of Justice Naveen Rice and Justice Schalinder Kaur rejected the appeal that Already filed appeal against the law is not only the waste of public wealth, but also the court time is left. The Court had already warned the Ministry of Defence in October that heavier fines will be imposed if the appeal continued in such cases.
The Ministry of Defence has already taken a fine
This is not the first time when the Ministry of Defence has suffered strict observations of the court.
- 2017 In, the Supreme Court on MoD on filing appeal against giving disability pension to the troops penalty of Rs 1 lakh was applied.
- 2022 Also, the Supreme Court had raised resentment on the habit of filing a persistent appeal of the Ministry of Defence.
- Recently, Kerala and Punjab-Haryana High Court have also dismissed MoD and defence services appeals.
Insensitive attitude of Ministry of Defence
The event suggests that government institutions should not only respect the previously decided laws, but avoid unnecessary lawsuits. When the Supreme Court has already clarified the law on such cases, it is not only unethical to file the appeal again and again, but it is also insensitive to the soldiers who defeated their health in the service of the country.
Safety of the rights of soldiers
This decision of High Court has once again clarified that the judiciary is always read to protect the rights of the soldiers. In cases such as disability pension, troops should be benefited for health problems caused during service.
Swipe of Judiciary
This decision of Delhi High Court is an important message towards government institutions to avoid unnecessary lawsuits and respect the previously decided laws. The court also cleaned that even more strict actions will be carried out in the future on such inevitable appeals.
Defence News opinions
Ministry of Defence and other government institutions should now ensure that they do not misuse the legal process. Using time and resources correctly, they should respect the soldiers and their rights engaged in the service of the country.
This event also teaches us that न्यायपालिका का उद्देश्य सिर्फ कानून का पालन करवाना नहीं है, बल्कि लोगों के अधिकारों की रक्षा करना और सरकारी संस्थानों को जवाबदेह बनाना भी है।
