Form No. 4 ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL ...aftlko.up.nic.in/C3 Daily Order/c3-Order...

Form No. 4 [See rule 11(1)] ORDER SHEET

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 3 (case taken in Court No.1)

M.A. No. 2385 of 2015 with M.A. No. 2386 of 2015 Inre M.A. No. 661 of 2013 & M.A. No. 1309 of 2015

Vikas Pandey Applicant By Legal Practitioner for Applicant

Versus Union of India and Others Respondents By Legal Practitioner for Respondents

Notes of the

Registry

Orders of the Tribunal

23.12.2015 Hon’ble Mr. Justice V.K. Dixit, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

Present : Shri P.N. Chaturvedi, Ld. Counsel for the Applicant and Dr.

Shailendra Sharma Atal, Ld. Counsel for the Respondents.

Ld. Counsel for the Applicant submits that he is not prepared with

the case and prays adjournment. In the interest of justice, the case is

adjourned.

List this case on 05.01.2016 for orders.

(Lt Gen Gyan Bhushan) (Justice V.K. Dixit) Member (A) Member (J) ukt




M.A. No. 2117 of 2015 with M.A. No. 2332 of 2015

Ram Bahadur Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri V.A. Singh, Ld. Counsel for the Applicant and Capt

Ridhishri Sharma, OIC Legal Cell for the Respondents.

M.A. No. 2332 of 2015

Objection on application for condonation of delay filed by Ld.

Counsel for the Respondents is taken on record.

M.A. No 2332 of 2015 is disposed of accordingly.

M.A. No. 2117 of 2015

Ld. Counsel for the Applicant prays for and is granted 10 days

time to file amendment application. Objection, if any, may be

filed by Ld. Counsel for the Respondents within two weeks

thereafter.


(Lt Gen Gyan Bhushan) (Justice V.K. Dixit) Member (A) Member (J) Ukt




O.A. No. 201 of 2014 with M.A. No. 1334 of 2015

Col HS Bacchal Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Maj (Retd) R.D. Singh, Ld. Counsel for the Applicant and

Mrs Anju Singh, Ld. Counsel for the Respondents assisted by Capt

Ridhishri Sharma, OIC Legal Cell.

M.A. No. 1334 of 2015

Amendment Application filed by Ld. Counsel for the Applicant

is taken on record.

Ld. Counsel for the Respondents prays for and is granted two

weeks time to file objection on amendment application.






O.A. No. 109 of 2015 with M.A. No. 2031 of 2015 & M.A. No. 2392 of 2015

Govind Shukla Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Shailendra Kumar Singh, Ld. Counsel for the Applicant

and Shri Shyam Singh, Ld. Counsel for the Respondents.

M.A. No. 2392 of 2015

Supplementary Counter Affidavit filed by Ld. Counsel for the

Respondents is taken on record.


M.A. No. 2031 of 2015

Application for extension of time to comply the order is taken

on record.


O.A. No. 109 of 2015

Ld. Counsel for the Applicant prays for and is granted two

weeks time to file Supplementary Rejoinder Affidavit.







Krishan Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri R.K. Verma, Ld. Counsel for the Applicant and Capt


M.A. No. 2172 of 2015

Counter Affidavit filed by Ld. Counsel for the Respondents is

taken on record.


O.A. No. 150 of 2015

Ld. Counsel for the Applicant prays for and is granted three

weeks time to file Rejoinder Affidavit.



Form No. 4

[See rule 11(1)] ORDER SHEET



O.A. No. 308 of 2015

Bimay Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Krishna Lal, Ld. Counsel for the Applicant and Capt


OIC Legal Cell prays for and is granted three weeks time to file

Counter Affidavit. Rejoinder Affidavit, if any, may be filed by Ld.

Counsel for the Applicant within two weeks thereafter.



Form No. 4




Ex-A 48 of 2015 Inre O.A. No. 223 of 2013

Surendra Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri R. Chandra, Ld. Counsel for the Applicant and Dr.

Shailendra Sharma Atal, Ld. Counsel for the Respondents assisted

by Col Kamal Singh, OIC Legal Cell.

Ld. Counsel for the Respondents prays for and is granted six

weeks’ time to seek instructions from the authority concerned

and file compliance report.






M.A. No. 2069 of 2015 Inre O.A. No. 156 of 2015

Pratap Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Maj (Retd) R.D. Singh, Ld. Counsel for the Applicant and

Mrs Deepti Prasad Bajpai, Ld. Counsel for the Respondents assisted

by Col Kamal Singh, OIC Legal Cell.

M.A. No. 2069 of 2015

In compliance of order dated 03.11.2015 of this Tribunal,

receipt for Rs 500/- deposited as cost in Bar Association Library,

Lucknow, is taken on record.


O.A. No. 156 of 2015

The case is restored to its original No.






O.A. No. 159 of 2015

Vikesh Kumar Balmiki Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Col (Retd) R.C. Dixit, Ld. Counsel for the Applicant and Mrs

Appoli Srivastava, Ld. Counsel for the Respondents assisted by Col

Kamal Singh, OIC Legal Cell.

Ld. Counsel for the Respondents prays for and is granted further

two weeks and no more time to file Counter Affidavit. Rejoinder

Affidavit, may be filed by Ld. Counsel for the Applicant within two

weeks, thereafter.

List this case on 22.02.2016 for orders showing the name of Mrs

Appoli Srivastava as Ld. Counsel for the Respondents.






Col VJS Varaich Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri K.K. Mishra, Ld. Counsel for the Applicant and Col

Kamal Singh, OIC Legal Cell.

M.A. No. 2248 of 2015

Counter Affidavit filed by Ld. Counsel for the Respondents is

taken on record.


O.A. No. 200 of 2015

As per office report, notices sent to Respondent No 4 and 5,

have not been received back served/unserved.

Issue fresh notice to Respondent No 4 and 5 by Registered

Post, returnable by the date fixed.

In the meantime, Ld. Counsel for the Applicant may file

Rejoinder Affidavit.



Form No. 4 [See rule 11(1)]

ORDER SHEET


Court No. 1

M.A. No. 2381 of 2015

Nitu Kumar Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the

Registry


22.12.2015

Hon’ble Mr. Justice V.K. Dixit (J)

Hon’ble Lt Gen Gyan Bhushan, Member (A)

Memo of appearance filed by Dr. Shailendra Sharma Atal on behalf

of respondents no. 1 to 5 is taken on record. When the case is next listed, his

name be shown as counsel for the said respondents.

Present: Shri R. Chandra, learned counsel for the applicant, and Dr.

Shailendra Sharma Atal, learned counsel for the respondents, along with

Capt. Ridhishri Shrma, Departmental Representative.

On call of the case learned counsel for the respondents prays for and

is granted four weeks’ time to file objection on the delay condonation

application.

List this case again for orders/admission on 4.2.2016 before the

appropriate Bench.

(Lt Gen Gyan Bhushan) (Justice V.K. Dixit)

Member (A) Member (J)

PG/


ORDER SHEET


Court No. 1

M.A. No. 2382 of 2015

Smt Sharda Subba Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Shri Amit Sharma, on behalf of

respondents no. 1 to 4 is taken on record. When the case is next listed, his


Present: Shri Amit Sharma, learned counsel for the respondents,

along with Capt. Ridhishri Shrma, Departmental Representative.

Case called out. None is present for the applicant. Learned counsel

for the respondents prays for and is granted four weeks’ time to file

objection on the delay condonation application.

List this case for orders/admission on 8.2.2016 before the

appropriate Bench.



PG/


ORDER SHEET


Court No. 1

M.A. No. 2372 of 2015 with M.A. No. 2373 of 2015

(Inre: O.A.(A). No. 279 OF 2013)

Manoj Kumar Sharma Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Dr. Shailendra Sharma Atal on behalf

of respondents no. 1 to 5 is taken on record. When the case is next listed, his


Present: Dr. Shailendra Sharma Atal, learned counsel for the

respondents, along with Capt. Ridhishri Shrma, Departmental

Representative.

Case called out. None is present for the applicant. In the interest of

justice the case is adjourned for the day.

List this case again for admission on 4.1.2016 before the appropriate

Bench.



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ORDER SHEET


Court No. 1


Ajay Kumar Tiwari Applicant


Versus



Notes of the

Registry


22.12.2015



Present: Shri A.K. Singh, learned counsel for the applicant, and Capt.

Ridhishri Shrma, Departmental Representative.

Misc. Application No. 2153 of 2015.

Counter affidavit, filed by the respondents, is taken on record. The

application stands disposed of.

The Departmental Representative, present in Court, prays for

adjournment since Gate Register, as directed by the Court on 5.11.2015, is

not available with her today. Accordingly, the case is adjourned for the day.

List this case again for admission on 29.1.2016 before the

appropriate Court.



PG/


ORDER SHEET


Court No. 1

T.A. No. 351 of 2010

H.B. Singh Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Shri R.K.S. Chauhan on behalf of



Present: Shri P.N. Chaturvedi, learned counsel for the applicant, and

Shri R.K.S. Chauhan, learned counsel for the respondents, along with Capt.


Learned counsel for the applicant prays for adjournment.

Accordingly, the case is adjourned for the day.

List this case again for admission on 4.1.2016 before the appropriate

Bench.



PG/


ORDER SHEET


Court No. 1

O.A. No. 208 of 2014 with MA. No. 1816 of 2015

Pravind Kumar Singh Applicant


Versus



Notes of the

Registry


22.12.2015



Present: Capt. Ridhishri Shrma, Departmental Representative.

Learned counsel for the applicant has filed application for

adjournment. In the interest of justice the case is adjourned for the day.

List this case for orders on 8.1.2016 before the appropriate Bench.



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ORDER SHEET


Court No. 1


Uttam Singh Applicant


Versus



Notes of the

Registry


22.12.2015



Present: The Applicant Uttam Singh in person and Capt. Ridhishri

Shrma, Departmental Representative for respondents.

On call of the case the applicant, Uttam Singh, appeared in person

and states that his counsel could not come to this Court today. He prays for

and is granted two weeks time to file Rejoinder Affidavit.

List this case again for orders on 22.1.2016 before the appropriate

Bench.



PG/


ORDER SHEET


Court No. 1


Shubham Yadav Applicant


Versus



Notes of the

Registry


22.12.2015



Present: Shri R. Chandra, learned counsel for the applicant, and Capt.



Counter affidavit, filed by the respondents, is taken on record. The

application stands disposed of.

Learned counsel for the applicant prays for and is granted three

weeks’ time to file rejoinder affidavit.

List this case for orders on 27.1.2016 before the appropriate Bench.



PG/


ORDER SHEET


Court No. 1


Yogesh Kumar Applicant


Versus



Notes of the

Registry


22.12.2015



Present: Shri T.N. Tiwari, learned counsel for the applicant, and Capt.


This is a part-heard matter.

List this case for hearing before the appropriate Bench on 5.1.2016.



PG/


ORDER SHEET


Court No. 1

O.A. No. 09 of 2010

Surya Mani Mishra Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Shri Anurag Mishra on behalf of



Present: Shri Anurag Mishra, learned counsel for the respondents,


Case called out. None is present for the applicant. The amendments

have not yet been incorporated. Let the amendments be incorporated within

two weeks. In the interest of justice the case is adjourned for the day.

List this case again for hearing on 5.2.2016 before the appropriate

Bench.



PG/


ORDER SHEET


Court No. 1


Rupesh Vardhan Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Shri Bhanu Pratap Singh on behalf of

respondents no. 1 and 2 is taken on record. When the case is next listed, his


Present: Shri R. Chandra, learned counsel for the applicant, and Shri

Bhanu Pratap Singh, learned counsel for the respondents, along with Capt.


On call of the case learned counsel for the respondents prays for

adjournment since relevant record is not available with him today.

Accordingly, the case is adjourned for the day.


Bench.



PG/


ORDER SHEET


Court No. 1

O.A. No. 219 of 2011

Gupteshwer Singh Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Dr. Chet Narayan Singh on behalf of



Present: Shri R. Chandra, learned counsel for the applicant, and Dr.

Chet Narayan Singh , learned counsel for the respondents, along with Capt.


This is a part-heard matter.

List this case before the appropriate Bench on 10.2.2016.

On the next date the respondents are directed to produce the relevant

record.



PG/


ORDER SHEET


Court No. 1

O.A.(A) No. 482 of 2012

Lokesh Kumar Applicant


Versus



Notes of the

Registry


22.12.2015



Memo of appearance filed by Shri Asheesh Agnihotri on behalf of



Present: Shri Asheesh Agnihotri, learned counsel for the respondents,





Bench.



PG/


ORDER SHEET


Court No. 1

T.A. No. 388 of 2010

Brijesh Kumar Singh Applicant


Versus



Notes of the

Registry


22.12.2015



Present: Capt. Ridhishri Shrma, Departmental Representative.




Bench.



PG/


ORDER SHEET


Court No. 1

T.A. No. 974 of 2010

Bishambhar Pandey Applicant


Versus

Chief of Army Staff & Others Respondents


Notes of the

Registry


22.12.2015



Memo of appearance filed by Shri Vijay Pratap Singh Vats on behalf

of respondents is taken on record. When the case is next listed, his name be

shown as counsel for the respondents.

Present: Shri Vijay Pratap Singh Vats, learned counsel for the


Representative.

On call of the case none appeared for the applicant. In the interest of



Bench.



PG/


ORDER SHEET


Court No. 3

M.A. No. 2315 of 2015

(Inre: T.A. No. 27 of 2010)

Nilendra Kumar Applicant


Versus



Notes of the

Registry


21.12.2015

Hon’ble Mr. Justice D.P. Singh, Member (J)

Hon’ble Air Marshal Anil Chopra, Member (A)

Memo of appearance filed by Dr. Shailendra Sharma Atal on

behalf of the Union of India is taken on record. When the case is next

listed, his name be shown as counsel for the said respondent.

Present: Shri Dipak Seth, learned counsel for the applicant, and

Dr. Shailendra Sharma Atal, learned counsel for the respondent, along

with Capt. Ridhishri Shrma, Departmental Representative.


Heard learned counsel for the applicant and perused the

affidavit filed in support of this application.

The reason shown in the affidavit, filed along with this

application, for non-appearance on 26.11.2015 seems to be genuine.

This application stands allowed. The order dated 26.11.2015 is hereby

recalled and the T.A. is restored to its original number, provided the

applicant deposits a sum of Rs. 500/- in the A.F.T. Bar Association

within a period of one week.

List this case for admission on 28.1.2016.

(Air Marshal Anil Chopra) (Justice D.P. Singh)


PG/


ORDER SHEET


Court No. 3

O.A. No. 296 of 2015

Prakash Rai Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri Asheesh Agnihotri on behalf of



Present: Major R.D. Singh (Retd.), learned counsel for the applicant,

and Shri Ashesh Agnihotri, learned counsel for the respondents, along with


According to learned counsel for the applicant the

condition/requirement of law has not been fulfilled and the applicant has

been deprived from his effective defence before punishing him in SCM

awarding one month’s R.I., reduced to rank and dismissal from service.

There seems to be some substance in the argument of learned

counsel for the applicant.

Admit.

Learned counsel for the respondents prays for and is granted four

weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed

within two weeks thereafter.

List this case for orders on 17.2.2016.



PG/


ORDER SHEET


Court No. 3

T.A. No. 78 of 2010

Shyam Singh Applicant


Versus



Notes of the

Registry


21.12.2015



Present: Shri P.N. Chaturvedi, learned counsel for the applicant,

and Shri G.S. Sikarwar, learned counsel for the respondents, along


List this case on 4.1.2016 for admission to enable learned

counsel for the respondents to produce the original record.



PG/


ORDER SHEET


Court No. 3

T.A. No. 09 of 2015

Shamsul Waris Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri R.K.S. Chauhan on behalf of

respondents no. 1 to 10 is taken on record. When the case is next

listed, his name be shown as counsel for the said respondents.

Present: Shri R.K.S. Chauhan, learned counsel for the


Representative.

Shri Ashok Kumar, learned counsel for the applicant, is not

present in Court.

List this case for admission on 2.2.2016.



PG/


ORDER SHEET


Court No. 3


Vishal Singh Chauhan Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Dr. Shesh Narain Pandey on

behalf of respondents no. 1 to 3 is taken on record.

Present: Shri V.A. Singh, learned counsel for the applicant, and

Dr. Shesh Narain Pandey, learned counsel for the respondents, along


Heard learned counsel for the parties at length.

Arguments concluded.

Judgment reserved.



PG/


ORDER SHEET


Court No. 3

O.A.(A). No. 297 of 2013 with M.A. No. 1771 of 2015

Pradeep Singh Applicant


Versus



Notes of the

Registry


21.12.2015



Present: Shri Nishant Verma, learned counsel for the applicant,

and Shri D.K. Pandey, learned counsel for the respondents, along with


Learned counsel for the applicant prays for and is granted

further two weeks’ time to file rejoinder affidavit.




PG/


ORDER SHEET


Court No. 3

O.A.(A). No. 285 of 2014 with M.A. No. 616 of 2015 and M.A. No. 1344 of 2015

BB Chaudhari Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Dr. Chet Narayan Singh on

behalf of respondent no. 1 is taken on record. When the case is next


Present: Shri Rohit Kumar, learned counsel for the applicant,

and Dr. Chet Narayan Singh, learned counsel for the respondents,


The impugned order or dismissal is under challenge in this case

on the ground of procedural illegality. Prima facie the case is made

out.

Admit.

Learned counsel for the respondents prays for and is granted six

weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may

be filed within two weeks thereafter.




PG/


ORDER SHEET


Court No. 3

T.A. No. 02 of 2015 with Dy. No. 2295 of 2015

Chattar Singh Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri Bhanu Pratap Singh on

behalf of respondents no. 1 to 4 is taken on record. When the case is

next listed, his name be shown as counsel for the said respondents.

Present: Shri M.R. Gupta, learned counsel for the applicant, and

Shri Bhanu Pratap Singh, learned counsel for the respondents, along


Learned counsel for the applicant prays for and is granted a

week’s further time to carry out the necessary amendments.




PG/


ORDER SHEET


Court No. 3

O.A. No. 43 of 2014

Nitesh Rai Applicant


Versus



Notes of the

Registry


21.12.2015



Present: Shri Amit Sharma, learned counsel for the applicant,

and Capt. Ridhishri Shrma, Departmental Representative.

This is a part-heard matter. List this case before the appropriate

Bench for hearing on 22.1.2016.



PG/


ORDER SHEET


Court No. 3

O.A.(A). No. 290 of 2015

Kaptan Singh Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri Asheesh Agnihotri on behalf

of the respondents is taken on record. When the case is next listed, his

name be shown as counsel for the respondents.

Present: Shri S.K. Singh, learned counsel for the applicant, and

Shri Asheesh Agnihotri, learned counsel for the respondents, along


This is a part-heard matter. List this case before the appropriate

Bench for hearing on 25.1.2016.



PG/


ORDER SHEET


Court No. 3

O.A. No. 37 of 2012

Salil Chandra Jagdev Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri Asheesh Agnihotri on behalf

of the respondents is taken on record. When the case is next listed, his

name be shown as counsel for the respondents.

Present: Shri V.A. Singh, learned counsel for the applicant, and

Shri Asheesh Agnihotri, learned counsel for the respondents, along


List this case on 2.2.2016 to enable learned counsel for the

applicant to prepare the brief.



PG/


ORDER SHEET


Court No. 3

O.A. No. 70 of 2012

Pratap Singh Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri Amit Sharma on behalf of

respondents no. 1 to 4 is taken on record. When the case is next listed,

his name be shown as counsel for the said respondents.

Present: Shri D.S. Kauntae, learned counsel for the applicant,

and Shri Amit Sharma, learned counsel for the respondents, along with


Learned counsel for the applicant argues that the trial was not

held within the statutory period of limitation. However, the pleading

on record does not say so. Learned counsel for the respondents prays

for time to rebut the allegations on the factual matrix.

Learned counsel for the applicant prays for and is granted three

weeks’ time to file affidavit.

List this case for orders/hearing on 9.2.2016.



PG/


ORDER SHEET


Court No. 3

O.A.(A). No. 210 of 2010

Rashmi Shukla Applicant


Versus



Notes of the

Registry


21.12.2015



Memo of appearance filed by Shri Anurag Mishra on behalf of

respondents no. 1 and 2 is taken on record. When the case is next

listed, his name be shown as counsel for the said respondents.

Present: Shri P.K. Shukla, learned counsel for the applicant,

and Shri Anurag Mishra, learned counsel for the respondents, along


On call of the case Shri P.K. Shukla states that his senior Shri

S.K. Banerjee, learned counsel for the applicant, is ill today, as such

he could not come to this Court today. Shri Shukla, therefore, prays

for adjournment. Accordingly, the case is adjourned for the day.

List this case for hearing on 12.1.2016.



PG/


ORDER SHEET


Court No. 3

T.A. No. 573 of 2010 with M.A. No. 2346 of 2015

Satyendra Prasad Applicant


Versus

Chief of Army Staff & Others Respondents


Notes of the

Registry


21.12.2015



Memo of appearance filed by Dr. Shailendra Sharma Atal on

behalf of respondent no. 5 is taken on record. When the case is next


Present: Shri Rohit Kumar, learned counsel for the applicant,

and Dr. Shailendra Sharma Atal, learned counsel for the respondents,


As prayed by learned counsel for the respondents three weeks’

further time is granted to file affidavit in terms of the earlier order.

List this case for orders/hearing on 24.2.2016.



PG/


ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 3

M.A. No. 2287 of 2015 Inre M.A. No. 1482 of 2015 & O.A. No. Nil of 2014

Ravinder Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry


11.12.2015 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)

Present : Shri Shailendra Kumar Singh, Ld. Counsel for

the applicant and Dr Shailendra Sharma Atal, Ld. Counsel for

the respondents assisted by Wg Cdr S.K. Pandey, OIC Legal

Cell.

Dr Shailendra Sharma, Ld. Counsel for the respondents

prays for and is granted two weeks time to file objection on

application for recall of order 24.08.2015. Reply, if any, may be

filed by Ld. Counsel for the applicant within a week thereafter.


(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) ukt

Form No. 4



M.A. No. 2357 of 2015 Inre O.A. No. Nil of 2015 PK Mahapatra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri VA Singh, Ld. Counsel for the Applicant and

Dr Shailendra Sharma Atal, Ld. Counsel for the respondents

assisted by Capt Priti Tyagi, OIC Legal Cell.

As prayed by Ld. Counsel for the respondents, list this

case on 22.01.2016 for orders.




M.A. No. 2311 of 2015 with M.A. No. 2312 of 2015 Inre Dy. No. 959 of 2013 & Inre T.A. No. 19 of 2013

Gyan Chand Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Bachchan Singh, Ld. Counsel for the

Petitioner and Dr Shailendra Sharma Vats, Ld. Counsel for the

respondents assisted by Capt Priti Tyagi, OIC Legal Cell.

Ld. Counsel for the respondents prays for and is granted

further two weeks time to file objection on application for

condonation of delay in filing restoration application.





O.A. No. 18 of 2012 Rajeev Kumar Bhutani Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri R.C. Dixit, Ld. Counsel for the Applicant and

Shri D.K. Pandey, Ld. Counsel for the respondents assisted by

Capt Priti Tyagi, OIC Legal Cell.

As prayed, list this case on 08.02.2016 for orders to

enable the Ld. Counsel for the respondents to produce original

records.


Form No. 4



O.A. No. 82 of 2015 Havildar Jai Narain Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri P.N. Chaturvedi, Ld. Counsel for the

Applicant and Capt Priti Tyagi, OIC Legal Cell.

Ld. Counsel for the applicant prays for and is granted two

weeks further time to file rejoinder affidavit.



Form No. 4



O.A. No. 297 of 2015 Col Vikrmaditya Gupta Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Col (Retd) Y.R. Sharma, Ld. Counsel for the

Applicant and Shri Yogesh Kesharwani, Ld. Counsel for the


Four weeks and no more further time is allowed to Ld.

Counsel for the respondents to file Counter Affidavit. Rejoinder

Affidavit, if any, may be filed by Ld. Counsel for the applicant

within next two weeks.



Form No. 4



T.A. No. 11 of 2010 Rajeev Kumar Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Rajeev Kumar Mishra in person and Mrs

Anju Singh, Ld. Counsel for the respondents assisted by Capt

Priti Tyagi, OIC Legal Cell.

Applicant present in person submits that his Ld. Counsel

is out of station and prays for adjournment of the case.

As prayed, list this case on 21.01.2016 for orders.

(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) Ukt

Form No. 4



T.A. No. 888 of 2010 Ranbir Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Petitioner and Shri Avadhesh Narain Tripathi, Ld. Counsel for

the respondents assisted by Capt Priti Tyagi, OIC Legal Cell.

Heard Ld. Counsel for the parties and perused the record.

Ld. Counsel Shri P.N. Chaturvedi re-iterated his statement

dated 29.08.2015 that the applicant has not filled up any

enrolment form while joining the army. However, Ld. Counsel

for the respondents emphatically rebutted the submission.

From the material on record, it appears that in 1998 a court

of inquiry was held and the applicant was found to be

fraudulently entered into the army on 01.01.1996. However

order of discharge has been passed on 04.11.2003. It is

further submitted that no discharge certificate has been

provided to the applicant till date.

While passing the order dated 29.10.2015, we have

directed Chief of Army Staff to look into the matter and lodge

First Information Report through his own agency so that the

matter may be investigated by the police or the Army itself to

take punitive action in accordance with rules against the

persons who are responsible for commission of such crime. It

is necessary to mention that as per radio reports/newspaper

report, during the last 3-4 years, 11 persons of the Indian

Army were found to be spies of Pakistani agencies. We also

fail to understand as to why once the court of inquiry was

conducted in 1998, why no action of discharge

was taken for about 5 years.

We reiterate our order and direct the Chief of Army Staff

to ensure that First Information Report is lodged and the

matter is investigated by referring it to the civil authorities,

police or Army itself so that the persons who are guilty in

inducting such persons in the Army followed by keeping the

matter pending for more than 5 years (supra), may be brought

to book.

Needless to say that correct findings of fact are necessary

to adjudicate the present controversy raised in this T.A., by

means of which the order of discharge has been impugned.

The entire records shall be preserved in sealed cover by

Ld. Counsel for the respondents and shall be produced before

this Tribunal as and when required.

Let the Chief of Army Staff look into the matter and submit

action-taken report to the Tribunal by the next date fixed.


Registrar of the Tribunal shall ensure that copy of this order

is sent to the Chief of Army Staff and Defence Secretary.

Government of India


Form No. 4



T.A. No. 92 of 2013 with M.A. No. 2354 of 2015 Ram Bali Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




the Petitioner and Mrs Appoli Shrivastava, Ld. Counsel for the


M.A. No. 2354 of 2015

Heard Ld. Counsel for the parties on amendment

application. No objection has been raised by Ld. Counsel for

the respondents.

Amendment application is allowed. Ld. Counsel for the

petitioner shall incorporate the proposed amendment within a

week.


Ld. Counsel for the petitioner shall file amended copies of

the T.A. within a week.

Ld. Counsel for the respondents shall file response to the

amended T.A. within next two weeks. Rejoinder affidavit, if

any, may be filed by Ld. Counsel for the petitioner within a

week, thereafter.


Form No. 4



O.A. No. 53 of 2015 Lt Col Laxmi Kant Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Applicant in person and Mrs Deepti Prasad

Bajpai, Ld. Counsel for the respondents assisted by Capt Priti

Tyagi, OIC Legal Cell.

Heard applicant present in person and Ld. Counsel for the

respondents and perused the record.

Short question raised by the applicant is that selection

board has superseded him on account of adverse entry for the

period Jun 2000 to May 2001. The entries were expunged by

this Tribunal in O.A. No 110 of 2012 decided on 17.01.2014.

The operative portion of judgment (supra) is reproduced as

under:

“Thus in the result, Original Application is partly allowed.

The impugned Confidential Report of the applicant for the

period Jun 2000 to May 2001 is hereby expunged and

respondents are directed to consider the prayer for

promotion to the rank of Colonel in accordance with

rules/regulations and law within four months from the date

a certified copy of this orders is served.”

The result of aforesaid order passed by the Tribunal is that

the applicant has become entitled for consideration of

promotion to next post.

Submission of the applicant is that while considering the

applicant’s case by review board, the applicant’s grading

marks are much higher than the persons who were selected in

2008 but even then he has been denied promotion.

List this case on 08.02.2016 for further hearing.

On the date fixed, Ld. Counsel for the respondents shall

produce the record of selection board 2008, review board and

comparative chart.




T.A. No. 1332 of 2010 Shivanand Chaubey Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Petitioner and Shri Virendra Singh, Ld. Counsel for the



case on 21.01.2016 for further hearing to enable Ld. Counsel

for the respondents to produce relevant original records as

well as policy relevant to present controversy.


Form No. 4



T.A. No. 48 of 2013 Digvijay Singh Bhadauria Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Digvijay Singh Bhadauria in person and Shri

D.K. Pandey, Ld. Counsel for the respondents assisted by


Application has been moved by the petitioner for

permission to withdraw his Ld. Counsel Col (Retd) Rakesh

Johari. Application is allowed. The petitioner is permitted to

withdraw his counsel as argue the case personally.

Petitioner prays for and is granted two weeks time to file

supplementary affidavit bringing on record new facts which he

would argue before the Tribunal. Ld. Counsel for the

respondents may file supplementary response within next two

weeks.





O.A. No. 50 of 2013 SK Parida Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri VA Singh, Ld. Counsel for the Applicant and

Shri Vijay Pratap Singh Vats, Ld. Counsel for the respondents


As prayed by Ld. Counsel for the parties, list this case on

21.01.2016 for hearing.

On the date fixed, Ld. Counsel for the Respondents shall

produce original documents pertaining to case for perusal of

the Bench.

Ld. Counsel for the parties may submit/exchange

synopsis/written arguments, supported with law, if any by the

date fixed.


Form No. 4



O.A. No. 54 of 2015 Lt Col Nardeep Singh Panjrath Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri K.K. Mishra, Ld. Counsel for the Applicant

and Shri Ashish Saxena, Ld. Counsel for the respondents


By order dated 31.08.2015, we had directed the

respondents to produce the original record following by order

dated 02.09.2015, 30.09.2015 and 02.11.2015.

Today again Ld. Counsel for the respondents prays for time

to produce original records. It is unfortunate on part of the

respondents in not producing the record. However as a last

opportunity, time is granted to the respondents to produce the

record.

List this case on 21.01.2016 for hearing.


Form No. 4



T.A. No. 120 of 2009 BG Gowda Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri R.K. Agarwal, Ld. Counsel for the Petitioner

and Dr. Shesh Narain Pandey, Ld. Counsel for the


Ld. Counsel for the respondents prays for time to prepare

the case.

As prayed, list this case on 07.01.2016 for hearing.



the Bench.



date fixed.


Form No. 4



T.A. No. 900 of 2010 Vikram Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Petitioner and Dr Shailendra Sharma Atal, Ld. Counsel for the


As prayed by Ld. Counsel for the parties list this case on




the Bench.



date fixed.


Form No. 4



T.A. No. 970 of 2010 Rajput Chandrapal Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Rakesh Johri, Ld. Counsel for the Petitioner

and Shri D.K. Pandey, Ld. Counsel for the respondents



case on 08.01.2016 for hearing.



the Bench.



date fixed.




M.A. No. 2334 of 2015 with M.A. No. 2335 of 2015 Padam Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri A.K. Singh, Ld. Counsel for the Applicant and Shri

Ashish Agnihotri, Ld. Counsel for the Respondents assisted by


M.A. No. 2234 of 2015

Heard Ld. Counsel for the parties on application for

condonation of delay.

Ld. Counsel for the respondents submits that there is delay of

about 1 month and 27 days for filing the application for restoration.

The reasons shown in application for condonation of delay in

filing restoration application seems to be genuine.

The delay is condoned.

M.A. No. 2235 of 2015

Restoration application is allowed. Order dated 16.09.2015 is

recalled subject to payment of Rs 500/- as costs by Ld. Counsel

for the applicant, which shall be remitted to the Bar Association

Library, A.F.T., Lucknow. On production of receipt, the case shall

be restored to its original number.


O.A. No. 315 of 2013





Dy. No. 2091 of 2015 with M.A. No. 2118 of 2015 & M.A. No. 2289 of 2015

Diwan Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Anand Sharan, Ld. Counsel for the Applicant and

Mrs Appoli Shrivastava, Ld. Counsel for the Respondents assisted

by Capt Priti Tyagi, OIC Legal Cell.

M.A. No. 2289 of 2015

Supplementary Affidavit filed by Ld. Counsel for the applicant

is taken on record.


M.A. No. 2118 of 2015

Objection on application for condonation of delay filed by the

Ld. Counsel for the respondents is taken on record.


Dy. No. 2091 of 2015

Copy of the supplementary affidavit has been provide to Ld.

Counsel for the respondents today itself, who may file response

within two weeks.



Form No. 4



Ex. A. No 11 of 2015 with M.A. No. 1743 of 2015 Inre O.A. No. 148 of 2013

Jatinder Kumar Pandey Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri Shailendra Kumar Singh, holding brief

of Shri V.P. Pandey, Ld. Counsel for the Applicant and Mrs Anju

Singh, Ld. Counsel for the Respondents assisted by Capt Priti


It has been submitted by Ld. Counsel for the respondent that

Govt sanction has been granted and PPO shall be issued within

two weeks.

List this case on 29.01.2016 for orders by which date it is

expected that order of the Tribunal shall be complied with by the

respondents.




M.A. No 1981 of 2015 with M.A. No. 2198 of 2015, M.A. No. 2340 of 2015

& R.A. No. 19 of 2015 Inre O.A. No. 255 of 2012 Maj Gen RS Rathore Applicant By Legal Practitioner for Applicant

Versus Brig (Now Maj Gen) NK Mehta & Ors Respondents By Legal Practitioner for Respondents

Notes of the

Registry



Present : Shri S.S. Rajawat, Ld. Counsel for the Applicant, Shri T.

Parshad, Ld. Counsel for private respondent No. 1 and Shri Vijay

Pratap Singh Vats Ld. Counsel for the Respondents assisted by


M.A. No. 1981 of 2015:

This is an application for condonation of delay in filing the

Review Application.

A preliminary objection has been raised by Shri T. Parshad,

Ld. Counsel for private respondent no. 1 that in the matter of

review, the Tribunal lacks jurisdiction to condone delay in case it is

not filed within 30 days in terms of provisions contained in sub-

Rule (1) of Rule 18 of the Armed Forces Tribunal (Procedure)

Rules, 2008 (in short, the Rules, 2008).

On the other hand, Ld. Counsel for the applicant submitted

that the Tribunal has ample power to condone delay since the

Code of Civil Procedure is applicable.

We have considered the arguments advanced by the Ld.

Counsel for the parties with regard to preliminary objection and

have perused the record.

Under sub-section (b) of Section 3 of the Armed Forces

Tribunal Act, 2007 (in short, the Act, 2007) ‘application’ has been

defined as application made under sub-section 2 of section 14 of

the Act, 2007 with regard to service matters. Under sub-section

(3) of Section 14 on receipt of an application relating to service

matters, the Tribunal may allow and dismiss application by a

reasoned order. Sub-section (4) of Section 14 provides that the

Tribunal has the same power as vested in Civil Court under the

Code of Civil Procedure, 1908 (5 of 1908). For connivance sake,

sub-section (4) of Section 14 of the Act, 2007 is reproduced as

under:

(4) For the purpose of adjudicating an application, the

Tribuna shall have the same powers as are vested in a Civil

Court under the Code of Civil Procedure, 1908 (5 of 1908),

while trying a suit in respect of the following matters,

namely—

(a) …

(f) reviewing its decisions;

(g)…

…”

A plain reading of sub-section (4) of Section 14 of the Act,

2007 shows that the power of review has been conferred on the

Tribunal in pursuance of clause (f) of sub-section (4) of Section 14

of the Act, 2007. Such power may be exercised by the Tribunal in

the same manner as conferred to Civil Court by the Code of Civil

Procedure.

Undoubtedly, in case review application is filed under Section

114 of the Code of Civil Procedure, the Civil Court has right to

condone delay on sufficient cause shown by the applicant.

Keeping in view the letter and spirit of Section 5 of the Indian

Limitation Act.

The Armed Forces Tribunal (Procedure) Rules, 2008 defines

application. For convenience sake clause (iv) of Rule 2 of Rules,

2008 is reproduced as under:

“(iv) “application” includes Original Application (O.A.),

Review Application (R.A.), Transferred Application (T.A.)

Miscellaneous Application (M.A.), Application for Transfer

(A.T.) and Contempt Application (C.A.), filed before the

Tribunal.”

A plain reading of clause (iv) of Rule 2 of the Rules, 2008

shows that “application” means Original Application as well as

Review Application.

Sub-Rules (1) and (2) of Rule 18 of the Rules, 2008 provide

that no application for review shall be entertained unless it is filed

within thirty days from the date of receipt of copy of the order

sought to be reviewed and shall ordinarily be heard by the same

Bench which has passed the order. For convenience sake, Rule

18 of the Rules 2008 is reproduced as under:

“18. Application for review.—(1) No application for

review shall be entertained unless it is filed within thirty

days from the date of receipt of copy of the order sought to

be reviewed.

(2) An application for review shall ordinarily be heard

by the same Bench which has passed the order, unless the

Chairperson may, for reasons to be recorded in writing,

direct it to be heard by any other Bench.

(3) Unless otherwise ordered by the Bench concerned,

an application for review shall be disposed of by circulation

where the Bench may either dismiss the application or

direct notice to be issued to the opposite party.

(4) Where an application for review of any judgment or

order has been disposed of, thereafter no application for

further review shall lie.

(5) No application for review shall be entertained unless

it is supported by a duly sworn affidavit indicating therein

the source of knowledge, personal or otherwise. The

counter-affidavit in review application will also be a duly

sworn affidavit wherever any averment of fact is disputed.”

Plain reading of Rule 18 of the Rules, 2008 shows that in

letter and spirit, no application for review shall be entertained

unless it is filed within thirty days, but it is well settled that in the

interpretative jurisdiction, it should not be read in isolation, but

should be read section by section, word by word and phrase by

phrase and the whole Act to find out the intent of the legislature.

Accordingly, Rule 18 of the Rules, 2008 should not be read in

isolation.

It is well settled proposition of law that while interpreting a

statute, each word of the statute must be given its original

meaning. “Contemporanea exposition” Rule is well settled Rule of

interpretation of statutes. It refers to exposition which the statute

received from contemporary authorities. However, where

language is clear, plain and unambiguous, rule must be given

weight. Statute is to be construed according to the intent of the

Legislature and make it a duty of the Court to act upon true

intention of the legislature. While interpreting statute, every

section, line and every word and statute as a whole should be

looked into and in the context in which it is used and not in

isolation. Statute should be read in entirety and purpose and

object of the Act be given its full effect by applying principle of

purposive construction if required. It must be construed having

regard to its scheme and the ordinary state of affairs and

consequence flowing there from. It can be construed in such a

manner so as to effective and operative on the principle of “ut res

magis valeat quam pereat”. Further if a statute is silent and there

is no specific provision, then statute should be interpreted so as to

advance cause of justice. (Vide District Mining Officer vs. Tata

Iron and Steel Co; (2001) 7 SCC 358 Rohitash Kumar and

others vs. Om Prakash Sharma and others JT 2012 (11) SC

218 Grasim Industries Ltd. Vs. Collector of Custom; (2002) 4

SCC 297: Bhatia International Vs. Bulk Trading S.A (2002) 4

SCC 105 Deepal Girish Bhai Soni Vs. United India Insurance

Ltd; (2004) 5 SCC 385 Pratap Singh Vs. State of Jharkhand,

(2005) 3 SCC 551 and State of Goa Vs Western Builders (2006)

6 SCC 239.

In the case of Bhatia International (supra) the Hon’ble

Supreme Court has held that where statutory provision can be

interpreted in more than one way, court must identify the

interpretation which represents the true intention of legislature.

While deciding which is the true meaning and intention of

legislature, court must consider the consequences that would

result from the various alternative constructions.

Court must reject the construction which leads to hardships,

serious inconvenience, injustice, anomaly or uncertainty and

friction in very system that the statute concerned is supposed to

regulate.

In a recent judgment reported in Vipulbhai M. Chaudhary

vs. Gujarat Coop. Milk Mktg. Federation Ltd. (2015) 8 SCCC 1,

the Hon’ble Supreme Court has held:-

“In the background of the constitutional mandate, the

question is not what the statute does say but what the

statute must say. If the Act or the Rules or the bye-laws do

not say what they should say in terms of the Constitution, it

is the duty of the court to read the constitutional spirit and

concept into the Acts.”

In the same judgment Hon’ble Supreme Court, while

applying interpretative jurisprudence, further emphasized to

implement constitutional mandate in the following words:-

‘When the Constitution is eloquent, the laws made

thereunder cannot be silent. If the statute is silent or

imprecise on the requirements of the Constitution, it is for

the court to read the constitutional mandate into the

provisions concerned and declare it accordingly.”

Again the Hon’ble Supreme Court has said as under:

“Where the Constitution has conceived a particular

structure of certain institutions, the legislative bodies are

bound to mould the status accordingly. Despite the

constitutional mandate, if the legislative body concerned

does not carry out the required structural changes in the

statutes, then, it is the duty of the court to provide the

statute with the meaning as per the Constitution. As a

general rule of interpretation, no doubt, nothing is to be

added to or taken from a statute. However, when there are

adequate grounds to justify an interference, it is the

bounden duty of the court to do so.”

Once sub-section (4) of Section 18 of the Rules, 2008

empowers the Tribunal to exercise jurisdiction to review its own

decision, and the Tribunal is vested with the powers of Civil Court

in terms of Code of Civil Procedure, then the Tribunal has power

to condone the delay while entertaining the application for

condonation of delay. The Code of Civil Procedure confers power

on the Civil Court to condone the delay. Rule 18 of the Rules,

2008 should be read along with the definition contained in the

Rule (iv) (supra) and Section 18 of the Rules, 2008. It cannot be

read in isolation. Once the Tribunal has been conferred power, its

jurisdiction to exercise powers of the Code of Civil Procedure

cannot be curtailed. It is well settled provision of law that statutory

rules cannot over ride the Act by subordinate legislation.

Accordingly, while considering the matter, we have to look

into Section 18 of the Rules, 2008.

Ld. Counsel for the applicant has relied upon the Full Bench

decision of Orissa High Court (Cuttak) in WP (C) No. 5738 of

2008, Akshaya Kumar Parida (dead) vs. Union of India & ors

decided on 03.02.2015 which supports the opinion expressed by

us (supra). In view of the above, this Tribunal has sufficient power

to condone the delay on sufficient cause.

Preliminary objection raised by the Ld. Counsel for the private

respondent is over ruled and the objection is rejected.

List the case on 05.1.2016 for further hearing to enable Ld.

Counsel for the parties to submit chart of events as well as

grounds relating to review.

M.A. Nos. 1981 of 2015, 2198 of 2015 and 2340 of 2015

stand disposed of accordingly.


Form No. 4



O.A. No. 62 of 2014 Hav Manoj Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri P.N. Chaturvedi, Ld. Counsel for the Applicant and

Mrs Deepti Prasad Bajpai, Ld. Counsel for the Respondents


List this case on


Form No. 4



O.A. No. 37 of 2015 Bheekam Singh Pal Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri P.K. Shukla, Ld. Counsel for the Applicant and Wg

Cdr S.K. Pandey, Departmental Representative for the

respondents.

Let another copy of the Counter Affidavit be provided to Ld.

Counsel for the applicant during the course of the day.

Ld. Counsel for the applicant may file Rejoinder Affidavit within

three weeks.



Form No. 4



O.A. No. 69 of 2015 Awadhesh Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Arun Kumar, Ld. Counsel for the Applicant and Mrs

Deepti Prasad Bajpai, Ld. Counsel for the Respondents assisted


As prayed by Ld. Counsel for the applicant, two weeks further

time is granted to file Rejoinder Affidavit.



Form No. 4



O.A. No. 173 of 2015 with M.A. No. 2039 of 2015 Rashtradeep Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Ashok Kumar, Ld. Counsel for the Applicant and

Mrs Deepti Prasad Bajpai, Ld. Counsel for the Respondents

assisted by Wg Cdr S.K. Pandey, Departmental Representative

for the respondents.

M.A. No. 2039 of 2015

Affidavit filed by Ld. Counsel for the respondents is taken on

record.


O.A. No. 173 of 2015

From perusal of record, it transpires that fresh medical board

on directions of this Tribunal was convened. The medical board

has again opined that the applicant is suffering from Eye disease

and he is not fit for retaining in the service.

Since there appears no reason to interfere with the opinion of

the fresh medical board, hence Original Application deserves to

be rejected.

Original Application is rejected accordingly.

No order as to cost.


Form No. 4





Notes of the

Registry



Present : Shri P.N. Chaturvedi, Ld. Counsel for the Petitioner

and Shri Kaushik Chaterjee, Ld. Counsel for the Respondents


As prayed by Ld. Counsel for the respondents, list this on

18.12.2015 for further hearing.


produce original documents pertaining to case for perusal of the

Bench.



date fixed.


Form No. 4



O.A. No. 28 of 2011 Ved Singh Solanki Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Mrs Appoli Shrivastava, Ld. Counsel for the Respondents assisted


Since last 3 ½ years the case is being listed for hearing. Today

again request for adjournment of the case has been made by Ld.

Counsel for the applicant.

In the interest of justice, the case is adjourned to 21.12.2015

for hearing.



Bench.


synopsis/written arguments, supported with law, if any by the date

fixed.




O.A. No. 232 of 2011 Paras Nath Applicant By Legal Practitioner for Applicant

Versus Chief of Air Staff and Others Respondents By Legal Practitioner for Respondents

Notes of the

Registry




Shri Sunil Sharma, Ld. Counsel for the Respondents assisted by

Wg Cdr S.K. Pandey, Departmental Representative for the

respondents.

As prayed by Ld. Counsel for the applicant, list this case on




Bench.



fixed.




O.A. No. 424 of 2012 Ugrasen Pandey Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Arvind Kumar, Ld. Counsel for the Applicant and

Shri Avadhesh Narain Tripathi, Ld. Counsel for the Respondents


Twice this Tribunal has granted time to the respondents to file

affidavit in terms of order dated 12.10.2015 and 17.11.2015 but

no response has been filed.


On the date fixed, Officer Incharge Records, Artillery Records

Nasik Road Camp, shall remain present in the Tribunal alongwith

original documents pertaining to case for perusal of the Bench.

However, if case response is filed as directed earlier, the

officer need not appear before the Tribunal.



date fixed.




O.A. No. 255 of 2013 with M.A. No. 2200 of 2015 Shailendra Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Shailendra Kumar Singh, Ld. Counsel for the

Applicant and Capt Priti Tyagi, OIC Legal Cell for the

respondents.

M.A. No. 2200 of 2015

Supplementary Counter Affidavit filed by Ld. Counsel for the

respondents is taken on record.


O.A. No. 255 of 2013

As prayed by OIC Legal Cell, list this case on 19.01.2016 for

hearing in terms of earlier order dated 28.10.2015 and

30.11.2015 of this Tribunal.



Bench.



date fixed.




O.A. No. 175 of 2014 with M.A. No. 1920 of 2015 Lt Col Harshwardhan Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present :Shri V.R. Singh, Ld. Counsel for the Applicant and Shri

R.K.S. Chauhan, Ld. Counsel for the Respondents assisted by


M.A. No. 1920 of 2015

Application for adjournment filed by Ld. Counsel for the

applicant is taken on record.


O.A. No. 175 of 2014

Ld. Counsel for the applicant submits that promotion board is

likely to held in near future to consider further promotion in the

cadre.

It is directed that any decision taken by the promotion board

shall be subject to final order passed by this Tribunal.




Bench.



date fixed.




O.A. No. 39 of 2015 with M.A. No. 2032 of 2015 Shiv Nath Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri A.K. Singh, Ld. Counsel for the Applicant and Mrs

Deepti Prasad Bajpai, Ld. Counsel for the Respondents assisted


As prayed by Ld. Counsel for the respondents, list this case on




Bench.



fixed.




T.A. No. 887 of 2010 Niranjan Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri P.N. Chaturvedi, Ld. Counsel for the Petitioner and

Shri Ashish Saxena, Ld. Counsel for the Respondents assisted by


As prayed by Ld. Counsel for the respondents, list this case on

21.01.2016 for hearing in terms of order dated 15.12.2015.



Bench.



fixed.


Form No. 4



T.A. No. 90 of 2011 Saroj Kumar Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Ld. Counsel Shri Raj Kumar Singh holding brief of Shri

Yashpal Singh, Ld. Counsel for the Petitioner and Mrs Anju Singh,

Ld. Counsel for the respondents, assisted by Capt Priti Tyagi, OIC

Legal Cell.

Ld. Counsel Shri Raj Kumar Singh submits that Shri Yashpal

Singh, Ld. Counsel for the applicant is not available today and

prays for adjournment of the case.




Bench.



fixed.




Court No. 2 O.A. No. 130 of 2012

Shiv Charan Lal Sharma Applicant By Legal Practitioner for Applicant

Versus Chief of Army Staff & Others Respondents By Legal Practitioner for Respondents

Notes of

the

Registry



Present : Shri P.N. Chaturvedi, learned counsel for

the applicant and Shri Prakhar Kankan, learned counsel


Judgment pronounced.

Original Application No 130 of 2012 is dismissed.

For order, see our order of date passed on separate

sheets.




Court No. 3 M.A. No. 1906 of 2015

Neeraj Bhatt Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri R. Chandra, Ld. Counsel for the applicant and

Dr Shailendra Sharma Atal, Ld. Counsel for the respondents



two weeks further time to file objection on application for




Member (A) Member (J) ukt



Court No. 3 M.A. No. 2126 of 2015 Inre T.A. No. 37 of 2013

Triloki Nath Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


15.12.2015



Present : None for the Petitioner and Shri Vijay Pratap Singh

Vats, Ld. Counsel for the respondents assisted by Capt Priti


Case called out. None appeared on behalf of the petitioner

to press this case in second round after pass over.

The case is dismissed for non-prosecution.

Stay order, if any, stands vacated.



Form No. 4



Court No. 3 M.A. No. 2321 of 2015 with M.A. No. 2322 of 2015

Inre. O.A. No. 484 of 2012

Ramesh Singh Raghuvanshi Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Ld. Counsel Shri Shailendra Kumar Singh, holding

brief of Col (Retd) RC Dixit, Ld. Counsel for the applicant and

Dr Shailendra Sharma Atal. Capt Priti Tyagi, OIC Legal Cell


As prayed by Ld. Counsel Shri Shailendra Kumar Singh,

list this case on 05.01.2016 for orders.






Lt Col Lokesh Kandpal Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Maj (Retd) R.D. Singh, Ld. Counsel for the applicant

and Shri R.K.S. Chauhan, Ld. Counsel for the respondents

assisted by Col NK Ohri, Representative from Army

Headquarters & Capt Priti Tyagi, OIC Legal Cell.

After hearing Ld. Counsel for the parties at length, we are

of the view that it is necessary to pursue the inquiry report of

ambush which took place at Manipur in consequence to which

applicant was required to report for performance counseling.

Let the inquiry report as well as Army Order, Rules and

Regulations with regard to performance counseling be

produced before the Tribunal alongwith other records on the

date fixed.




the Bench.



date fixed.



Form No. 4




Deepak Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : None for the applicant and Mrs Deepti Prasad

Bajpai, Ld. Counsel for the respondents assisted by Capt Priti


Case called out. None appeared on behalf of the applicant


O.A. is dismissed for non-prosecution.




Form No. 4




Col Sudeep Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri Rakesh Johri, Ld. Counsel for the applicant and

Shri Sunil Sharma, Ld. Counsel for the respondents assisted

by Col NK Ohri, Representative from Army Headquarters &



two weeks further time to file counter affidavit. Rejoinder


within two weeks, thereafter.




Form No. 4



Court No. 3 T.A. No. 625 of 2010

Rajveer Singh Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


15.12.2015






Ld. Counsel for the petitioner has not filed amended copy

of T.A. in pursuance of the order dated 08.12.2015. He prays

for and is granted a week’s further time to file amended copy

of the T.A.




Form No. 4




Sgt Binod Kishore Prasad Petitioner By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A) Present : None for the petitioner and Wg Cdr S.K. Pandey,

Departmental Representative for the respondents.

Case called out. None appeared on behalf of the

petitioner to press this case in second round after pass over.

T.A. is dismissed for non-prosecution.




Form No. 4




Col Mahesh Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri Chandan Sharma, Ld. Counsel for the applicant

and Shri Sunil Sharma, Ld. Counsel for the respondents

assisted by Col NK Ohri, Representative from Army

Headquarters & Capt Priti Tyagi, OIC Legal Cell.

As prayed by Ld. Counsel for the respondents, list this case

on 20.01.2016 for further hearing.



the Bench.



date fixed.






Ranjit Singh Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


15.12.2015



Present : Shri R. Chandra, Ld. Counsel for the Petitioner and

Shri R.K.S. Chauhan, Ld. Counsel for the respondents




produce original documents pertaining to case including

medical report whereby the petitioner has been disqualified to

serve in the army for perusal of the Bench.



date fixed.



Form No. 4




Nanu Singh Chauhan Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri P.K. Shukla, Ld. Counsel for the applicant and

Shri Avadhesh Narain Tripathi, Ld. Counsel for the


Ld. Counsel for the respondents prays for time to pursue

the original records.





the Bench.



date fixed.



Form No. 4




Lt Col Ravindra Mann Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Col (Retd) B.P. Singh, Ld. Counsel for the applicant

and Shri Sunil Sharma, Ld. Counsel for the respondents

assisted by Col NK Ohri, Representative Army Headequarters

& Capt Priti Tyagi, OIC Legal Cell.

Ld. Counsel for the Applicant argued that applicant’s ACR

entry has been made by Senior Reviewing Officer on

10.10.2005 after being briefed on work in earthquake area and

killing of civilians in J&K in the area of responsibility of the

applicant. These two events occurred after period of report.

We have perused the original record.

Argument concluded.

Order reserved.

Original record shall be retained by OIC Legal Cell till

delivery of the order. She is permitted to handover the record

to Shri Uma Kant Tiwari, PPS of the Hon’ble Member “A”.



Form No. 4




Rahul Kumar Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri R. Chandra, Ld. Counsel for the applicant and

Mrs Deepti Prasad Bajpai, Ld. Counsel for the respondents



two weeks time to file Supplementary Affidavit.

Supplementary Rejoinder Affidavit, if any, may be filed by Ld.

Counsel for the applicant within next two weeks.




the Bench.



date fixed.



Form No. 4



Court No. 3 O.A. No. 264 of 2013 with M.A. No 2344 of 2015

Narender Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri V.K. Pandey, Ld. Counsel for the applicant and



M.A. No 2344 of 2015

Supplementary Affidavit filed by Ld. Counsel for the



O.A. No. 264 of 2013


weeks time to file Supplementary Rejoinder Affidavit.




the Bench.



date fixed.



Form No. 4




Raghu Raj Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


15.12.2015



Present : Shri P.K. Shukla, Ld. Counsel for the applicant and

Mrs Appoli Shrivastava, Ld. Counsel for the respondents






the Bench.



date fixed.



Form No. 4




Ravi Shankeram Petitioner By Legal Practitioner for Petitioner

Versus Chief of Army Staff and Others Respondents By Legal Practitioner for Respondents

Notes of

the

Registry


15.12.2015



Present : Shri Rohit Kumar, Ld. Counsel for the Petitioner and

Smt Anju Singh, Ld. Counsel for the respondents assisted by


Ld. Counsel for the petitioner submitted that he could not

prepare the case for personal problems.




the Bench.



date fixed.



Form No. 4




Niranjan Singh Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


15.12.2015










the Bench.



date fixed.






Prabhu Lal Applicant By Legal Practitioner for Applicant


Notes of the

Registry


14.12.2015



Present : Shri Dharmesh Sinha, Ld. Counsel for the applicant

and Smt. Appoli Shrivastava, Ld. Counsel for the respondents


M.A. No. 2241 of 2015

Reply to supplementary affidavit filed by the Ld. Counsel

for the respondents is taken on record.

M.A. No. 2241 of 2015 is disposed of accordingly.

M.A. No. 330 of 2014


weeks’ time to file supplementary rejoinder affidavit in terms of

order dated 30.10.2015.



Form No. 4



Court No. 3 M.A. No. 285 of 2015

Mahendra Kumar Tiwari Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Shri P.N. Chaturvedi, Ld. Counsel for the applicant

and Dr. S.K. Sharma, Ld. Counsel for the respondents


As prayed by Ld. Counsel for the applicant, list this



Form No. 4




Lt Col Sunil Jain Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Shri K.K. Mishra, Ld. Counsel for the applicant and

Shri Vijay Pratap Singh Vats, Ld. Counsel for the respondents


M.A. No. 2050 of 2015

Objection on application for condonation of delay filed by

Ld. Counsel for the respondents is taken on record.


M.A. No. 1880 of 2015

This is an application for condonation of delay in filing O.A.

The applicant is aggrieved by the decision of supersession by

the board convened in the years 2010, 2011 and 2012.

Thereafter the applicant preferred statutory complaint which

was decided on 05.09.2013. Feeling aggrieved the applicant

preferred O.A. No 4 of 2014 which was dismissed as

withdrawn vide order dated 01.09.2015 with liberty to file a

fresh one. Thereafter the applicant has preferred present

Misc. Application.

The reasons shown in the application for condonation of

delay seems to be genuine. The delay is condoned

accordingly.

M.A. No. 1880 of 2015 is disposed of.

O.A. No. 343 of 2015

The present O.A. has been preferred against the decision

of the Promotion Board convened in the years 2010, 2011 and

2012. The grounds set up by the applicant is that the ACR

entry for the year 2001-2002 were written without giving any

warning prior to six months in pursuance of Army Order

8/S/1999. It is submitted that the entries were never

communicated to the applicant. The applicant came to know

about said entries only after supersession.

Admit.

Respondents shall file counter affidavit within three

weeks. Applicant may filed rejoinder affidavit, if any, within

next one week.

List this case of 25.01.2016 for orders.



ukt



Court No. 3 M.A. No. 1917 of 2015 with R.A. No. 18 of 2015

Inre O.A. No. 30 of 2013 Union of India & Others Applicant By Legal Practitioner for Applicant

Versus Jeetendra Singh Respondents By Legal Practitioner for Respondents

Notes of

the

Registry


14.12.2015



Present : Shri D. K. Pandey, Ld. Counsel for the applicant


According to office report, Ld. Counsel for the applicant has

not taken steps. He prays for further time to check the matter.

Let a fresh notice be issued to respondent returnable by

28.01.2016. Ld. Counsel for the applicant shall taken steps

within two weeks.






Court No. 3 M.A. No. 1958 of 2015

Anoop Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry


14.12.2015



Present : Shri Rohit Kumar, Ld. Counsel for the applicant and

Mrs Appoli Srivastava, Ld. Counsel for the respondents



further a week’s time to file objection on application for

condonation of delay. Reply, if any, may be filed by Ld.

Counsel for the applicant within a week, thereafter.




Form No. 4



Court No. 3 M.A. No. 1982 of 2015 Inre M.A. No. 1780 of 2015

Kushal Yadav Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Shri Virendra Prasad, Ld. Counsel for the applicant

and Dr S.K. Sharma, Ld. Counsel for the respondents assisted


M.A. No. 1982 of 2015

Restoration application is allowed. Order dated 22.09.2015

is recalled subject to payment of Rs 500/- as costs by Ld.

Counsel for the applicant, which shall be remitted to the Bar

Association Library, A.F.T., Lucknow. On production of

receipt, the case shall be restored to its original number.


M.A. No. 1780 of 2015

List this case on 04.01.2016 for orders on application for






Court No. 3 M.A. No. 2190 of 2015 Inre O.A. No. 25 of 2014

Smt Rameshwari Devi Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Shri V.R. Chaubey, Ld. Counsel for the applicant and



Ld. Counsel for the applicant submits that he has taken

steps for issuance of notice to respondent No 5.

Further it appears from office report that Post Master

Dilkhusha, Lucknow, has not given reply to the letters of

registry regarding delivery report of Registered notice.

Let a notice be issued to Post Master Dilkhusha, Lucknow

as to why he has not give reply to quarry made by the Tribunal

regarding delivery report.







Jageshwar Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Ld. Counsel Shri Shailendra Kumar Singh, holding

brief of Shri V.P. Pandey, Ld. Counsel for the applicant and Dr

S.K. Sharma, Ld. Counsel for the respondents assisted by



further two weeks’ time to file Counter Affidavit, Rejoinder


within two weeks, thereafter.







Radhey Ram Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


14.12.2015



Present : Ld. Cousel Shri Yashpal Singh, holding brief of Shri

S.P. Singh, Ld. Counsel for the Petitioner and Dr S.K. Sharma,

Ld. Counsel for the respondents assisted by Capt Priti Tyagi,

OIC Legal Cell.

Ld. Counsel for the petitioner prays for and is granted a

week’s further time to carry out proposed amendment.







Nizamuddin Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Shri Shailendra Kumar Singh, Ld. Counsel for the

applicant and D.K. Pandey, Ld. Counsel for the respondents


Ld. Counsel for the respondents shall file affidavit within

four weeks in terms of order dated 03.11.2015 including entire

opinion of the Medical Board.




the Bench.



date fixed.



Form No. 4



Court No. 3 O.A. No. 327 of 2011 with M.A. No. 2037 of 2015

along with O.A. No. 432 of 2012 Naresh Kumar Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015




and Capt Priti Tyagi, OIC Legal Cell.

O.I.C., Legal Cell submits that the case may be

adjourned.




the Bench.



date fixed.






Brig HMS Chatwal Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


14.12.2015



Present : Col (Retd) Y.R. Sharma holding brief of Shri Indra

Sen Singh, Ld. Counsel for the applicant and Dr. S.K.Sharma,

Ld. Counsel for the respondents assisted by Capt Priti Tyagi.

Col (Retd) Y.R. Sharma submits that Shri Indre Sen

Singh, Ld. Counsel for the applicant is not feeling well and has

not come to Court. He prays for adjournment of the case.




the Bench.



date fixed.


Member (A) Member (J) Ukt

Form No. 4




CP Bhagat Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


14.12.2015



Present : Shri Rohit Kumar, Ld. Counsel for the Petitioner and

Dr. S.K. Sharma, Ld. Counsel for the respondents assisted by


Ld. Counsel for the respondents submits that he has filed

supplementary counter affidavit. Registry shall place the same

on record.

Ld. Counsel for the petitioner prays for and is granted

three weeks time to file supplementary rejoinder affidavit.




Form No. 4




Niranjan Singh Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry


14.12.2015






As prayed by Ld. Counsel for the applicant, list this






T.A. No. 7 of 2012 with M.A. No. 1655 of 2015 Ganpati Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Petitioner Shri Ganpati Singh in person and Shri

Yogesh Kesarwani, Ld. Counsel for the respondents assisted


M.A. No. 1655 of 2015

Supplementary Counter Affidavit filed by Ld. Counsel for

the respondents is taken on record.


T.A. No. 7 of 2012

Petitioner Shri Ganpati Singh present in person submits

that he preferred premature retirement application dated

15.06.2009. On 13.10.2009, the application was accepted.

However the petitioner moved an application for withdrawal of

premature retirement application on 22.10.2009.

Submission is that since the applicant has moved the

application for withdrawal of application for premature

retirement before the actual date of retirement, the sanction

could not have been granted.

Ld. Counsel for the respondents prays for and granted two

weeks time to file reply.





O.A. No. 31 of 2013 Ranjan Kumar Mishra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri Rohit Kumar holding brief of

Shri R. Chandra, Ld. Counsel for the applicant and Shri D.K.

Pandey, Ld. Counsel for the respondents assisted by Capt


Ld. Counsel Shri Rohit Kumar submits that Shri R Chandra

is reported to be out of station.

As prayed, list this case on 18.01.2016 for further hearing.



the Bench.



date fixed.




O.A. No. 215 of 2012 NK Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Alok Kishor, Ld. Counsel for the applicant

and Shri Namit Sharma, Ld. Counsel for the respondents


Affidavit filed by Ld. Counsel for the applicant is taken on

record.

Shri Namit Sharma, Ld. Counsel for the respondents

submits that he has joined today and prays for time to prepare

the case.




the Bench.



date fixed.




O.A. No. 163 of 2015 with M.A. No. 2030 of 2015 Lt Col Ray Gautam Prasad Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri V.A. Singh, Ld. Counsel for the applicant

and Shri Kaushik Chatterji, Ld. Counsel for the respondents


M.A. No. 2030 of 2015

Counter Affidavit filed by Ld. Counsel for the Respondents

is taken on record.


O.A. No. 163 of 2015


weeks time to file rejoinder Affidavit.





T.A. No. 37 of 2010 Ghanshyam Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri S.P. Singh, Ld. Counsel for the petitioner

and Dr Shailendra Sharma Atal, Ld. Counsel for the


Ld. Counsel for the applicant prays for and is granted

further two weeks time to file Supplementary Rejoinder

Affidavit.




the Bench.



date fixed.




T.A. No. 35 of 2011 Union of India & Ors Petitioner By Legal Practitioner for Petitioner

Versus Sanjay Kumar Singh Respondents By Legal Practitioner for Respondents

Notes of the

Registry



Present : Dr Shailendra Sharma Atal, Ld. Counsel for the

Petitioner assisted by Capt Priti Tyagi, OIC Legal Cell and Shri

Yashpal Singh, Ld. Counsel for the respondents.

Dr Shailendra Sharmka Atal submits that he has joined

today and prays for time to prepare the case.

As prayed, list this case on 20.01.2016 hearing.



the Bench.



date fixed.



ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW C.B. JABALPUR


Ganga Dutt Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri R. Chandra, Ld. Counsel for the applicant

and Shri B.P.S. Chauhan/Shri Mukund Tewari, Ld. Counsel for


List this case on





A Mishra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri S. K. Pandey, Ld. Counsel for the applicant

and Shri B.P.S. Chauhan, Ld. Counsel for the respondents

assisted by Wg Cdr S.K. Pandey, OIC Legal Cell.

List this case on





Harish Kumar Tiwari Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri S. K. Pandey, Ld. Counsel for the applicant

and Shri Vikram Singh Singh, Ld. Counsel for the respondents


List this case on





Smt Sheela Chaturvedi Applicant By Legal Practitioner for Applicant


Notes of the

Registry




the applicant and Shri Dilelep Singh/Shri Silip Awasthi/Mrs

Kanak Gaharwar, Ld. Counsel for the respondents assisted by


List this case on





Hafizullah Khan Janbaj Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri S. P. Tiwari/Shri K.P. Singh, Ld. Counsel for

the applicant and Shri B.P.S. Chauhan/Shri Vikram Singh, Ld.

Counsel for the respondents assisted by Capt Priti Tyagi, OIC

Legal Cell.

List this case on





Navi Mohd Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri K.C. Ghildiyal/Shri R. Chandra, Ld. Counsel

for the applicant and Shri B.P.S. Chauhan, Ld. Counsel for the

respondents assisted by Wg Cdr S.K. Pandey, OIC Legal Cell.

List this case on





Durga Prasad Tiwari Applicant By Legal Practitioner for Applicant


Notes of the

Registry




for the applicant and Shri D.K. Pandey/Shri H.S. Ruprah/Shri

Rajesh Kumar, Ld. Counsel for the respondents assisted by


List this case on


Form No. 4




Ram Niwas Vishwokarma Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri N.S. Ruprah/Mrs Amrita Rupraha, Ld.

Counsel for the applicant and Shri B.P.S. Chauhan/Shri Rohit

Jain, Ld. Counsel for the respondents assisted by Capt Priti


List this case on


Form No. 4




Umesh Kumar Shukla Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri S. K. Pandey/Shri V.P. Pandey, Ld. Counsel

for the petitioner and Shri B.P.S. Chauhan/Shri Mukund

Tewari/Shri Vikram Singh Singh, Ld. Counsel for the


List this case on





Inder Bhan Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




for the petitioner and Mrs Kanak Gaharwar, Ld. Counsel for


List this case on


Form No. 4




Smt Laxmina Devi Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri R.B. Singh, Ld. Counsel for the Petitioner



List this case on





Amit Kumar Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




for the petitioner and Shri D.K. Pandey/Mrs Kanak Gaharwar,


OIC Legal Cell.

List this case on




M.A. No. 2268 of 2015 with M.A. No. 2269 of 2015 Inre T.A. No. 42 of 2011

Raj Kumar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry


10.12.2015 Hon’ble Mr. Justice, D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)

Present : Shri P.K. Shukla, Ld. Counsel for the Petitioner

and Mrs. Deepti Prasad Bajpai, Ld. Sr. Standing Counsel for


M.A. No. 2268 of 2015

This is an application for leave to appeal under Section 31

of the Armed Forces Tribunal Act, 2007. The application has

been moved after lapse of statutory period and delayed by one

month and twelve days.

It is well settled law that in the absence of any statutory

empowerment, the Court or the Tribunal has no jurisdiction to

condone the delay. Since no power has been conferred upon

this Tribunal to condone the delay, it is not open for this

Tribunal to condone the delay in moving the application for

leave to appeal.

Accordingly, the application for condoning the delay in

filing the application for leave to appeal is rejected.

M.A. No. 2269 of 2015

In view of above, application for leave to appeal is also

rejected.




M.A. No. 2272 of 2015 with M.A. No. 2273 of 2015 Inre O.A. No. 18 of 2015

Birendra Dubey Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Applicant and Shri Mukund Tewari, Ld. Counsel for the


Heard Ld. Counsel for the applicant.

Cause shown is sufficient.

Order dated 17.09.2015 dismissing the O.A. for non

prosecution is recalled subject to payment of Rs 500/- as costs

which shall be remitted to the Bar Association Library of

Armed Forces Tribunal, Lucknow.

O.A shall be restored to its original number subject to

production of receipt indicating payment of cost by Ld.

Counsel for the applicant.



Form No. 4



M.A. No. 2282 of 2015 Inre T.A. No. 39 of 2012 Selina John Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Maj (Retd) R.D. Singh, Ld. Counsel for the

Petitioner and Shri D.K. Pandey, Ld. Counsel for the


Heard Ld. Counsel for the petitioner.

Cause shown is sufficient.

Order dated 04.12.2015 dismissing the T.A. for non

prosecution is recalled subject to payment Rs 200/- as costs

which shall be remitted to the Bar Association Library of

Armed Forces Tribunal, Lucknow.

T.A shall be restored to its original number subject to

production of receipt indicating payment of costs by Ld.

Counsel for the petitioner.





O.A. No. 144 of 2014 with Diary No. 954 of 2015 Col Pramod Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Col (Retd) R.N. Singh, Ld. Counsel for the

Applicant and Shri Mukund Tewari, Ld. Counsel for the


We have heard Ld. Counsel for the parties. Respondents

are permitted to file affidavit and place on record the entries of

Annual Confidential Report of respective years granted,

increased or reduced, by different authorities.



Form No. 4



O.A. No. 140 of 2015 with M.A. No. 2179 of 2015 Lalmani Singh Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri D.N. Pandey, Ld. Counsel for the Applicant



M.A. No. 2179 of 2015

Counter Affidavit filed by Ld. Counsel for the Respondents

is taken on record.


O.A. No. 140 of 2015

Two weeks’ time is allowed to Ld. Counsel for the applicant

to file Rejoinder Affidavit.



Form No. 4



T.A. No. 116 of 2009 with M.A. No. 772 of 2015 Safiuddin Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Petitioner and Shri D.S. Tiwari Ld. Counsel for the


M.A. No. 772 of 2015

Rejoinder affidavit filed by Ld. Counsel for the petitioner is

taken on record.


T.A. No. 116 of 2009

After service of notice, respondent no. 6 has sent letter

dated 21.09.2015 which is on record.

Photo state copy of said letter shall be provided to Ld.

Counsel for the petitioner by the Registry within a week.



Form No. 4



T.A. No. 1346 of 2010 Shesh Nath Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Ziauddin Khan, Ld. Counsel for the

Petitioner and Shri B.P.S. Chauhan, Ld. Counsel for the


As prayed by Ld. Counsel for petitioner, list this case on

20.01.2016 for orders.




T.A. No. 11 of 2012 Krishan Lal Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




the Petitioner and Shri Prakhar Kankan, Ld. Counsel for the


As prayed by Ld. Counsel for the respondents a week’s

further time is allowed in terms of order dated 17.09.2015.



Form No. 4



O.A. No. 134 of 2015 Rajeev Moitra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri J.N. Mishra, Ld. Counsel for the Applicant

and Shri A.K. Singh, Ld. Counsel for the respondents assisted

by Wg Cdr S.K. Pandey, OIC Legal Cell.

List this case on 18.01.2016 for hearing before appropriate

bench of which one of us (Air Marshal Anil Chopra) is not a

Member.


Form No. 4



O.A. No. 130 of 2012 Shiv Charan Lal Sharma Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Applicant and Shri Prakhar Kankan, Ld. Counsel for the


The record of the T.A. No. 518 of 2010, which has already

been disposed of, shall be summoned and tagged with the

present O.A.

Heard Ld. Counsel for the parties.

Argument concluded.

Order is reserved.




O.A. No. 267 of 2014 with O.A. No. 231 of 2013 Ashok Kumar Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri V.A. Singh holding brief of Col (Retd) Ashok

Kumar, Ld. Counsel for the Applicant and Shri Prakhar

Kankan, Ld. Counsel for the respondents assisted by Capt


Shri V.A. Singh submits that Ld. Counsel for the applicant

is not well. He prays that the case may be adjourned.




the Bench.



date fixed.




T.A. No. 473 of 2010 BP Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Col (Retd) Y.R. Sharma, Ld. Counsel for the



As prayed by Ld. Counsel for the petitioner, list this case on

08.01.2016 for orders to enable Ld. Counsel for the petitioner

to file amendment application.




T.A. No. 980 of 2010 Kamlesh Devi Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry










the Bench.



date fixed.


Form No. 4



T.A. No. 1295 of 2010 Chandra Deo Ram Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Ld. Counsel Shri V.A. Singh holding brief for Col

(Retd) Ashok Kumar), Ld. Counsel for the Petitioner and Shri

D.K. Pandey, Ld. Counsel for the respondents assisted by





the Bench.



date fixed.




T.A. No. 119 of 2012 Ram Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : None for the Petitioner and Shri B.P.S. Chauhan,


OIC Legal Cell.

Ld. Counsel for the petitioner has moved application for

adjournment of the case. Application is allowed.




the Bench.



date fixed.




O.A. No. 125 of 2013 with M.A. No. 2227 of 2015 Abhishek Pandey Applicant By Legal Practitioner for Applicant


Notes of the

Registry


10.12.2015 Hon’ble Mr. Justice, D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)


Applicant and Shri A.K. Singh, Ld. Counsel for the

respondents assisted by Wg. Cdr. S.K. Pandey, Departmental

Representative for the respondents.

M.A. No. 2227 of 2015

Supplementary counter affidavit filed by Ld. Counsel for

the Respondents is taken on record.


O.A. No. 125 of 2013

Ld. Counsel for the applicant prays for and is granted one

week’s time to file supplementary rejoinder affidavit.




the Bench.



date fixed.

(Lt Gen Gyan Bhushan) (Justice D.P. Singh) Member (A) Member (J) ukt



Court No. 3 M.A. No. 1903 of 2015

Kuldeep Bopche Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : None for the Applicant and Capt Priti Tyagi, OIC

Legal Cell.

List this case on 14.01.2016 for orders at Circuit Bench,

Jabalpur.


Form No. 4




Puran Lal Tiwari Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Abhishek Singh Tomar Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Smt Amana Khatoon & Ors Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Ravi Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Jitendra Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Sudershan Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.

List this case on 14.01.2016 for hearing at Circuit Bench,

Jabalpur.



the Bench.



date fixed.


Form No. 4




T Shrinivas Reddy Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Ram Niwas Bhukar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Ajay Lal Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Prem Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




T.A. No. 19 of 2010 Rajendra Yadav Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Judgment pronounced.

Transferred Application is allowed.

For order, see our order of date passed on separate sheets.

(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) gsr

Form No. 4



Ex-A/45 of 2015 Inre T.A. No. 1312 of 2010 Smt Roopa Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri S.C. Yadav, Ld. Counsel for the Petitioner


List this case on 07.01.2016 for orders to enable Ld.

Counsel for the respondents to receive instructions or file

response as to why judgment and order dated 01.04.2011 has

not been complied with. While filing the response, Ld. Counsel

for the respondents shall specifically indicate the stand of the

respondents.




M.A. No. 1245 of 2014 with M.A. No 2286 of 2015 Ajay Pal Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Smt Mamta Pandey, Ld. Counsel for the

Applicant and Shri Prakhar Kankan, Ld. Counsel for the


M.A. No 2286 of 2015

Reply to objection on application for condonation of delay

filed by Ld. Counsel for the Applicant is taken on record.


M.A. No. 1245 of 2014

List this case on 19.01.2016 for orders on application for



Form No. 4



M.A. No. 1813 of 2015 Inre O.A. No. 130 of 2010 Parmatma Nand Ram Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri V.A. Singh, Ld. Counsel for the Applicant


In para 12 of the counter affidavit it has been averred that

the applicant has been discharged on extreme compassionate

ground. However no record has been produced.

Ld. Counsel for the applicant submitted that by no stretch of

imagination, the applicant could have submitted application for

discharge from army since he belonged to the lowest rung of

the society.

List this case on 05.01.2016 for hearing subject to deposit

of cost as directed by order dated 28.09.2015.



the Bench.



date fixed.


Form No. 4



O.A. No. 183 of 2010 Satish Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : None for the Applicant and Shri Prakhar Kankan,


OIC Legal Cell.

Case called out. None appeared on behalf of the applicant


O.A. is dismissed for non-prosecution.



Form No. 4



O.A. No. 327 of 2011 Naresh Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Applicant assisted by Capt Priti Tyagi, OIC Legal Cell.

Ld. Counsel for the applicant submits that identical matter

based on same grounds and factual matrix is pending in the

Tribunal.

As prayed, list this case on 14.12.2015 for hearing

alongwith pending O.A. No 432 of 2012, Ajay Kumar Singh Vs

Union of India.



the Bench.



date fixed.




O.A. No. 252 of 2014 Md Samsul Haque Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri S.K. Pandey, Ld. Counsel for the Applicant

and Shri Mukund Tewari, Ld. Counsel for the respondents

assisted by WO Desh Raj Singh, Departmental Representative





the Bench.



date fixed.


Form No. 4



T.A. No. 23 of 2013 LM Butola Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




and Shri D.S. Tiwari, Ld. Counsel for the respondents assisted


As prayed by Ld. Counsel for the applicant, list this case




the Bench.



date fixed.


Form No. 4



O.A. No. 184 of 2010 Ramesh Chandra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri R Chandra, holding brief of Shri

K.C. Ghildiyal, Ld. Counsel for the Applicant and Shri D.S.

Tiwari, Ld. Counsel for the respondents assisted by Capt Priti


Ld. Counsel Shri R Chandra prays that the case may be

listed at Circuit Bench, Jabalpur.

As prayed, list this case on 12.01.2016 for hearing at

Circuit Bench, Jabalpur.



the Bench.



date fixed.




O.A. No. 134 of 2015 Rajeev Moitra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri J.N. Mishra, Ld. Counsel for the Applicant

and Shri A.K. Singh, Ld. Counsel for the respondents assisted

by WO Desh Raj Singh, Departmental Representative for the

respondents.


on 10.12.2015 for hearing.



the Bench.



date fixed.


Form No. 4



T.A. No. 48 of 2013 Digvijay Singh Bhadauria Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry









the Bench.



date fixed.


Form No. 4


ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW C.B. Jabalpur


AK Bhardwaj Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : None for the petitioner and Capt Priti Tyagi, OIC

Legal Cell.


Jabalpur.


Form No. 4



Court No. 3 M.A. No. 941 of 2015 Inre Ex-A 25 of 2011 & T.A. No. 429 of 2010

AK Bhardwaj Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




G Anthony Samy Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Col SK Karwal Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4



Court No. 3 O.A. No. 166 of 2015 with M.A. No. 1385 of 2015

Subhash Chandra Shrivastava Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Dinesh Kumar Tiwari Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Bablu Lal Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4




Suresh Kumar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4



Court No. 3 O.A. No. 53 of 2012 with O.A. No. 54 of 2012

Amit Kumar Sharma Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4



Court No. 3 O.A. No. 54 of 2012 alongwith O.A. No. 53 of 2012

Mahendra Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Urmila Bai Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4



Court No. 3 O.A. No. (A)/434 of 2012

Pradeep Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Rajendra Prasad Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Amit Kumar Khatkar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Parmanand Prasad Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4



Court No. 3 T.A. No. 918 of 2010 with M.A. No. 545 of 2015

Smt Viaijanti Pradhan Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Dinesh Kumar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3 T.A. No. 1017 of 2010

Ram Prasad Tiwari Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Om Prakash Pandey Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4




Sujit Roy Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




O.A. No. 331 of 2015 Nem Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Manish Jauhari, Ld. Counsel for the

Applicant and Shri D.S. Tewari, Ld. Counsel for the



on 21.12.2015 for orders to enable him to prepare the case

keeping in view Army Order 35 of 2001.




M.A. No. 2185 of 2015 Inre T.A. No. 7 of 2015 Ramesh Pal Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri M. R. Gupta, Ld. Counsel for the Petitioner



M.A. No. 2185 of 2015

Heard Ld. Counsel for the parties on restoration

application. The cause shown in the application supported by

an affidavit is sufficient.

Order dated 02.11.2015 rejecting the T.A. for non

prosecution is recalled subject to payment of costs to the tune

of Rs. 300/- which shall be remitted to the Armed Forces

Tribunal Bar Association Library, Lucknow.

On production of receipt, the case shall be restored to its

original number.





Ex-A/96 of 2013 Inre T.A. No. 899 of 2010 Dev Lal Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




the Petitioner and Shri Mukund Tewari, Ld. Counsel for the


Sri Mukund Tewari, Ld. Counsel for the respondents

submits that order dated 04.03.2013 of this Tribunal has been

complied with and complete record has been sent to Treasury

Office.

Earlier, direction was given to the applicant to appear

before Treasury Officer, Jabalpur for encashment of post

retiral dues. There appears to be no reason to keep the

matter pending.

Accordingly, we disposed of the Execution Application

No. 96 of 2013 with further direction to the applicant to appear

before the Treasury Officer, Jabalpur who shall remit the entire

post retiral dues whenever the applicant appears before him.


Form No. 4



M.A. No. 1865 of 2015 Dharmendra Kumar Tiwari Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri P.N. Chaturvedi, Ld. Counsel for the Applicant

and Shri Ishraq Farooqui, Ld. Counsel for the respondents


The applicant’s statutory complaint dated 11.03.2015 has

been decided by the competent authority on merit without

adventing to delay, if any, in preferring the statutory complaint

by order dated 24.08.2015.

Since the statutory complaint has been rejected on merits by

order dated 24.08.2015 there appears no reason to reject the

application for condonation of delay on the ground of it having

been preferred after the statutory period provided under the

Rules.

Accordingly, the delay is condoned.

M. A. No. 1865 of 2015 is disposed of accordingly.

O.A. No. 333 of 2015


It is a fit case for adjudication.

Admit.

Respondents shall file counter affidavit within six weeks. Ld.

Counsel for the applicant shall have two weeks thereafter to file

rejoinder affidavit.






M.A. No. 1952 of 2015 BD Prajapati Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri A.P. Singh, Ld. Counsel for the Applicant




two weeks time to file objection on application on condonation

of delay. Reply, if any, may be filed by Ld. Counsel for the

applicant within two week’s thereafter.



Form No. 4



O.A. No. 135 of 2015 Surendra Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Applicant Surendra Yadav in person and Shri

Rajesh Kumar, Ld. Counsel for the respondents assisted by


Applicant Shri Surendra Yadav present in person submits

that his Ld. Counsel is not available today and prays for

adjournment of the case.

As prayed, list this case on 04.01.2016 for orders to enable

him to file Rejoinder Affidavit.




T.A. No. 625 of 2010 Rajveer Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry






Ld. Counsel for the petitioner submits that file containing

the record is missing and prays for adjournment of the case.

As prayed, list this case on 15.12.2015 for orders.

On the date fixed, Ld. Counsel for the applicant shall file

amended copy of T.A.




T.A. No. 92 of 2013 with M.A. No. 2256 of 2015 Ram Bali Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




the Petitioner and Shri Rajesh Kumar, Ld. Counsel for the


M.A. No. 2256 of 2015

Supplementary Affidavit filed by Ld. Counsel for the

Respondents is taken on record.


T.A. No. 92 of 2013

Ld. Counsel for the applicant is permitted to file

amendment application to challenge the order dated

13.05.2009 which has been brought on record alongwith

supplementary affidavit.



Form No. 4



T.A. No. 872 of 2010 Ranjit Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri R. Chandra, Ld. Counsel for the Petitioner

and Shri Rajesh Kumar, Ld. Counsel for the respondents


Heard Ld. Counsel for the applicant.

Argument continued.




the Bench.



date fixed.




T.A. No. 970 of 2010 Rajput Chandrapal Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry






Ld. Counsel for the respondent has made a prayer for

adjournment of the case on the ground that he has not

received original documents from unit.




the Bench.



date fixed.




T.A. No. 23 of 2013 with M.A. No. 1483 of 2015 LM Butola Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry






M.A. No. 1483 of 2015

Supplementary Counter Affidavit filed by Ld. Counsel for

the Respondents is taken on record.


T.A. No. 23 of 2013

As prayed by Ld. Counsel for the petitioner, list this case



produce original documents pertaining to case alongwith

vacancy chart for which the test was conducted and relevant

rules and regulations on the subject for perusal of the Bench.



date fixed.




T.A. No. 1 of 2015 Ram Sewak Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Sunder Lal, Ld. Counsel for the Petitioner







the Bench.



date fixed.




Court No. 3 M.A. No. 1881 of 2015

Smt Alka Dubey Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.

List this case on 12.01.2016 for order at Circuit Bench,

Jabalpur.




Court No. 3

O.A. No. 270 of 2015 Harinam Patel Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.




Court No. 3

M.A. No. 1883 of 2015 Tejbhan Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4



Court No. 3

O.A. No. 119 of 2014 Smt Bhagwati Thakur Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.




Court No. 3

O.A. No. 59 of 2015 Abodhanand Pattanaik Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.




Court No. 3

O.A. No.267 of 2015 Ganga Ram Sharma Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4



Court No. 3

O.A. No. 268 of 2015 Dilip Kumar Ghosh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.




Court No. 3

O.A. No. 272 of 2015 Parambir Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4



Court No. 3

T.A. No. 875 of 2010 Jagdish Prasad Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.


Form No. 4



Court No. 3

O.A. No. 163 of 2010 IK Khurana Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

O.A. No. 405 of 2011 JK Roy Chaudhary Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4



Court No. 3

O.A. No. 67 of 2012 Prajapati Suresh Bhai Ishwar Bhai Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4



Court No. 3

O.A. No. 116 of 2014 Arjun Singh Parihar Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

O.A. No. 249 of 2014 Lt Col Mandeep Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

O.A. No. 279 of 2014 Col AP Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.


Form No. 4



Court No. 3

O.A. No. 202 of 2015 Brig HS Ratnaparkhi Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

T.A. No. 267 of 2010 Mahak Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

T.A. No. 278 of 2010 KS Rao Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

T.A. No. 419 of 2010 Dr. Subhash Chandra Raj Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

T.A. No. 477 of 2010 S Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

T.A. No. 1489 of 2010 Kamla Kant Yadav Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




Court No. 3

T.A. No. 91 of 2012 KL Balkrishna Shetty Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Legal Cell.


Jabalpur.



the Bench.



date fixed.




M.A. No. 2215/2015 inre: O.A.No. 332 of 2015

Raushan Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri R.K. Shukla, Ld. Counsel for the Applicant and

Shri D.S. Tiwari, Ld. Counsel for the respondents assisted by


M.A. No. 2215/2015

There is delay of 4 months and 22 days in filing the O.A. The

delay has been sufficiently explained by Ld. Counsel for the

applicant by filing affidavit in support of application condonation

of delay.

Delay is accordingly condoned.

O.A. No. 332 of 2015


It has been alleged by Ld. Counsel for the applicant that

neither any order was served on the applicant nor opinion of the

Medical Board was communicated to the applicant.

Prima facie a case is made out.

Admit.

Ld. Counsel for the respondents shall file counter affidavit

within four weeks.

Rejoinder affidavit, if any, be filed by Ld. Counsel for the

applicant within next two weeks.

List the case on 03.02.2016 for orders.



Form No. 4



O.A. No. 69 of 2015 with M.A. No. 2152 of 2015 Awadhesh Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Arun Kumar, Ld. Counsel for the Applicant

and Mrs Deepti Prasad Bajpai, Ld. Sr. Standing Counsel for

the respondents assisted by Capt Priti Tyagi, OIC, Legal Cell.

M.A. No. 2152 of 2015

Counter affidavit filed by the Ld. Counsel for the



O.A. No. 69 of 2015

Ld. Counsel for the applicant prays for and is granted one

week’s further time to file rejoinder affidavit.

List this case on 17.12.2015




O.A. No. 119 of 2015 Yuvraj Vishwakarma Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Nishant Verma, Ld. Counsel for the

Applicant and Mrs Deepti Prasad Bajpai, Ld. Sr. Standing


Legal Cell.


one week’s further time to file counter affidavit.

Rejoinder affidavit, if any, may be filed by Ld. Counsel for

the applicant within two weeks thereafter.





O.A. No. 154 of 2015 Sambhu Gurung Applicant By Legal Practitioner for Applicant


Notes of the

Registry




and Shri Prakhar Kankan, Ld. Counsel for the respondents



weeks’ further time to file rejoinder affidavit.





O.A. No. 258 of 2015 along with M.A. No. 2255 of 2015 Jai Shankar Prasad Applicant By Legal Practitioner for Applicant


Notes of the

Registry




and Shri R.S. Mishra, Ld. Counsel for the respondents


M. A.No. 2255 of 2015.

Counter affidavit filed by Ld. Counsel for the respondents

is taken on record.


O.A. No. 258 of 2015


weeks’ time to file rejoinder affidavit.





O.A. No. 213 of 2012 Triloki Nath Sharma Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : None for the applicant. Shri B.P.S. Chauhan, Ld.


Legal Cell.

Major Ashish Desh Pandey, is present with original

record. However, Col (Retd) Ashok Kumar under compelling

circumstances has sent application for adjournment of the

case.

In view of above, we adjourn the case.

Application for adjournment is disposed of accordingly.

List the case on 28.01.2016 for hearing.

The original record shall be produced by any officer of the

army on the next date of listing.




O.A. No. 121 of 2014 Gulab Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri P.K. Shukla, Ld. Counsel for the Applicant

and Capt Priti Tyagi, OIC Legal Cell.

While passing order dated 14.10.2015 we have made a

query whether the applicant may be considered for joining the

army in another trade.

Respondents have not received instructions.

List this case on 11.01.2016 for hearing to enable Ld.

Counsel for the respondents to obtain instructions.




T.A. No. 163 of 2009 RV Prasad Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Applicant Shri RV. Prasad in person. Shri

Mukund Tewari, Ld. Counsel for the respondents assisted by


Applicant Shri RV Prasad present in persons, seeks

adjournment on account of non-availability of his Ld. Counsel.

List this case of 25.01.2016 for hearing.



the Bench.



date fixed.




T.A. No. 360 of 2010 Nepal Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri K.K. Mishra, Ld. Counsel for the Petitioner and

Shri D.S. Tiwari, Ld. Counsel for the respondents assisted by Capt


Ld. Counsel for the applicant asserted that the impugned order

of discharge has been passed on the ground that the applicant

belonged to Low Medical Category but the order of discharge has

been passed in pursuance to provisions contained in Rule 13 (3) iii

(v) of the Army Rules, 1954.

We have perused order dated 14.03.2006 which reveals that

the order of discharge has been passed on the basis of permanent

Low Medical Category. The contents of the notice also shows that

it relates to discharge on permanent Low Medical Category.

However, the operative portion indicates incorrect Rule which

relates to undesirable army personnel.

It is settled law that merely because a wrong provision has been

mentioned it shall not invalidate an order in case otherwise the

authority concerned has passed the order on merit under the

particular statutory provision.

At this stage, Ld. Counsel for the applicant submits that he

would like to amend the T.A. for payment of disability pension.

Two weeks time, as prayed for, is alleged to Ld. Counsel for the

applicant to move appropriate amendment application.



Form No. 4





Notes of the

Registry




Petitioner and Shri Mukund Tewari, Ld. Counsel for the


Arguments heard in part.


Ld. Counsel for the respondents shall retain the original

records.




M.A. No. 1401 of 2015 Nitin Kumar Jain Applicant By Legal Practitioner for Applicant

Versus AOC Records and Others Respondents By Legal Practitioner for Respondents

Notes of the

Registry



Present : None for the Applicant and and Capt Priti Tyagi,

OIC Legal Cell.

List this case on 11.01.2016 for admission at Circuit

Bench, Jabalpur.


Form No. 4



M.A. No. 1429 of 2015 Smt Uma Rani Chattarjee Applicant By Legal Practitioner for Applicant


Notes of the

Registry




OIC Legal Cell.


Bench, Jabalpur


Form No. 4



O.A. No. 110 of 2015 Harinam Patel Applicant By Legal Practitioner for Applicant


Notes of the

Registry




OIC Legal Cell.


Bench, Jabalpur


Form No. 4



O.A. No. 271 of 2015 Parvesh Chandra Sarkar Applicant By Legal Practitioner for Applicant


Notes of the

Registry




OIC Legal Cell.


Bench, Jabalpur.




T.A. No. 891 of 2010 with M.A. No. 990 of 2014 Nashib Kaur Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




OIC Legal Cell.


Bench, Jabalpur.




O.A. No. 211 of 2014 with M.A. No. 991 of 2015 and M.A. No. 1947 of 2015

Brig Sunil Gupta Applicant By Legal Practitioner for Applicant


Notes of the

Registry




OIC Legal Cell.


Jabalpur.


Form No. 4



O.A. No. 27 of 2015 Ram Nath Applicant By Legal Practitioner for Applicant


Notes of the

Registry




OIC Legal Cell.


Jabalpur




O.A. No. 25 of 2011 Rakesh Kumar Pathak Applicant By Legal Practitioner for Applicant


Notes of the

Registry




OIC Legal Cell.


Jabalpur.



the Bench.



date fixed.




T.A. No. 270 of 2010 Shiv Lal Yadav Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : None for the Applicant and Capt Priti Tyagi,

OIC Legal Cell.


Jabalpur.

On the date fixed, Ld. Counsel for the Respondents

shall produce original documents pertaining to case for perusal

of the Bench.



date fixed.


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