The Supreme Court in the case Col. Vineet Raman Sharda vs Union of India observed and stated that opportunity of hearing is not required to be afforded to army officers before suspending them pending the Court of Inquiry.
There is no requirement of such a procedure to be followed, even under Regulation 349 also.
The bench comprising of Justice M.R. Shah and Justice B.V. Nagarathna observed that the relevant portion of Regulation 349 is read as follow: It is stated that an officer may be suspended from duty (independent of arrest) by his OC or any other superior authority and not only when he himself submits his case for investigation, but also in any case in which the officer character or conduct of an officer and a gentleman is impugned. Further, an officer arrested by the civil authorities on a criminal charge may be suspended from duty from the date of his arrest and while depending upon the extent of his involvement and the nature of the offence.
It was observed that Col. Vineet Raman Sharda and other officers had approached the Apex Court for challenging the suspension orders passed against them. However, the main contention raised before them, while passing the impugned order of suspension and no opportunity has been given to the petitioners and the petitioners also sought compensation for mental agony faced by the petitioner and embarrassment faced by them due to this.
It was submitted by Solicitor General Tushar Mehta, while opposing the plea that there are very serious allegations against these officers and, therefore, pending the Court of Inquiry and they have been submitted.
The bench observed that the court do not accept the submissions on behalf of the petitioners that before suspending the petitioners pending the Court of Inquiry and an opportunity of hearing was required to be afforded to the petitioners. Even under Regulation 349 also, further, there is there is no requirement of such a procedure to be followed. Pending the court of inquiry, the petitioner can be suspended, As stated by the learned Solicitor General, Shri Tushar Mehta has already been constituted and inquiry is going.
Therefore, the court also dismissed their writ petition 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.