The Delhi High Court Monday dismissed the petition of Lt. Gen. P.K. Rath who is to face court martial along with former military secretary Lt. Gen. Avadesh Prakash in the Sukna land scam, in Darjeeling district of West Bengal.
A division bench of Justices Geeta Mittal and Vipin Sanghi dismissed Rath’s petition saying that the jurisdiction is not maintainable and the petitioner should approach the appropriate forum.
The court said Rath can approach the armed forces tribunal.
Rath’s counsel A.K. Singh said he will file the amended petition before the armed forces tribunal soon.
Rath had Thursday approached the court and challenged the government’s decision to scrap his appointment as Deputy Chief of Army Staff in the backdrop of the land scam.
An army court of inquiry had indicted Rath and Prakash for giving the no-objection certificate to a realtor who had falsely claimed to be setting up an affiliate of the Ajmer-based Mayo College in Sukna.
Prakash was found guilty of using his position to influence the grant of a no-objection certificate by Rath, who was commander of 33 Corps in Sukhna, to the realtor.