The Delhi High Court on Monday refused relief to Lt Gen PK Rath who had challenged the court of inquiry initiated against him in the Sukna land scam.
A division bench headed by Justice Geeta Mittal asked the officer to approach the Armed Forces Tribunal. "Jurisdiction of this court is barred by Armed Forces Tribunal Act. In view of this, the petition is dismissed with liberty to petitioner to approach the tribunal," Justice Mittal said.
Rath moved the court after he and former Military Secretary Lt Gen Avadesh Prakash were indicted in the Rs 300-crore scam.
The officers were accused of giving a no objection certificate to a realtor, who sought land in the name for an educational institue, for the sale of 71 acres adjacent to Sukna military station in West Bengal.
The probe had also indicted Lt Gen Ramesh Halgali and Maj Gen P.C. Sen.