A division bench headed by Justice Geeta Mittal asked the army officer to approach the Armed Forces Tribunal to challenge the proceedings against him.
Lt Gen P K Rath, who has been indicted along with former Military Secretary Lt Gen Avadesh Prakash in the Sukna land scam in Darjeeling, on Thursday approached the Delhi High Court against his court-martial order.
An Army court martial on Saturday ordered a two-year seniority loss, 15 years of loss of service for pension and severe reprimand for Lt Gen P K Rath, a day after finding him guilty in Sukna land scam.
Lt Gen P K Rath, former Deputy Chief of Army Staff-designate, was on Friday found guilty by an Army court martial in the Sukna land scam, becoming the highest ranking serving officer to be convicted for corruption.
The Army has charged Lieutenant General P K Rath with granting a No Objection Certificate to a private realtor with an "intent to defraud" even as his counsel has said the Court of Inquiry did not talk about any such intent during its probe in the Rs 300 crore Sukna land scam case.
The Armed Forces Tribunal on Wednesday refused to grant interim relief to Lt Gen P K Rath seeking a stay on the summary of evidence proceedings against him in the Rs 300 crore Sukna land scam case.
Virtually indicting former Army chief and Union Minister Gen V K Singh, the Armed Forces Tribunal on Friday quashed the court martial of Lt Gen P K Rath who was punished for his alleged role in a land dealing in West Bengal.
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