A bench comprising of Justices VS Sirpurkar and Mukundakam Sharma asked the Gen Praskash to submit himself to the inquiry to prove his innocence.
Gen Prakash had approached the court after Armed Forces Tribunal (AFT) had directed a fresh COI giving him opportunity to cross-examine all the witnesses in the case.
The retried Army officer contended the COI was bad in law as examination of witnesses have to be done in the presence of the accused officer.
The AFT had also asked Prakash to report before the COI in Kolkata at the Army's Eastern Command Headquarters to cross-examine six witnesses.
The six witnesses are Lt Gen P K Rath, Lt Gen Ramesh Halgali, Maj Gen P C Sen, Col N K Dabas, Lt Col Jiji Verghese and Naib Subedar Surjit Singh.
Prakash is accused of issuing of 'No-objection Certificate' to a private realtor Dilip Agarwal for building an institute on a 71-acre land adjacent to the Sukhna military station.