Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air ...aftlko.up.nic.in/C3 Daily Order/C3-OS...

Form No. 4

[See rule 11(1)] ORDER SHEET

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

M.A. No. 1981 of 2015 with 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 and Others Respondents By Legal Practitioner for Respondents

Notes of the Registry

Orders of the Tribunal

06.11.2015 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)

Present : Shri SS Rajawat, Ld. Counsel for the Applicant and Lt Col

Subodh Verma, Departmental Representative for the Respondents.

Ld. Counsel for the applicant submits that steps have been filed in the

office on 05.11.2015. Let notice be issued by the Registry to private

respondents returnable by 17.12.2015 in terms of order dated

29.10.2015

Ld. Counsel for the applicant submits that he has submitted

application for issuing certified copy of order dated 29.10.2015, but the

same has not been provided to him by the Registry. Accordingly, Ld.

Counsel for the applicant again applied for a certified copy of order dated

29.10.2015 on 05.11.2015. We fail to understand as to why Registry has

not issued certified copy. It is submitted by Ld. Counsel for the applicant

that certified copy of the order dated 29.10.2015 has been issued to Ld.

Counsel for the respondents, but the same was not supplied to him. We

have summoned Sri S. K. Bhatnagar, Section Officer who submitted that

he had sent requisition, but the Record Room has not sent the concerned

file.

Joint Registrar shall enquire and submit his report by next date of

listing. While submitting report, Joint Registrar shall seek explanation

from the concerned official of the Record room as to why the file was not

made available to Sri Bhatnagar for issuance of certified copy of the

order.

In case any application for issuing certified copy is pending, the copy

shall be provided to Ld. Counsel for the applicant today itself.

List the case on 17.12.2015 for orders.

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

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


T.A. No. 1074 of 2010 Om Prakash Chaurasia Petitioner By Legal Practitioner for Petitioner

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

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) ukt/--



T.A. No. 174 of 2009 Rama Shankar Petitioner By Legal Practitioner for Petitioner

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

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) ukt

Form No. 4


ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 3 Ex-A/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

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

Notes of

the

Registry


06.11.2015 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal, Anil Chopra, Member (A)

Present : Shri V.P. Pandey, Ld. counsel for the applicant

and Shri Mukund Tewari, Ld. Counsel for the respondents

assisted by Lt Col Subodh Verma, Departmental

Representative for the Respondents.

It is submitted by Ld.Counsel for the respondents that

PPO has already been issued. After promotion pay and

allowances have been again calculated and have been sent

for sanction of the Government.

List on 17.12.2015 for orders.

We hope that by that time, order of the Tribunal will be

complied with and compliance report shall be filed. In case of

non-compliance, the sanctioning authority shall file personal

affidavit as to why order of this Tribunal dated 13.02.2015

has not been complied with. Respondents shall also indicate

as to why they may not be directed to pay interest for the

delayed payment.

Copy of the order be supplied to Ld. Counsel for the

parties within a week.

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

Form No. 4



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



Present : Lt Col Subodh Verma, Departmental

Representative for the Applicant.

As prayed by Departmental Representative, list this case

on 14.12.2015 in terms of order dated 15.09.2015.


Form No. 4



Court No. 3 O.A. No. 186 of 2012

Jaswant Singh Baghel Applicant By Legal Practitioner for Applicant


Notes of

the

Registry



Present : Shri O.P. Kushwaha, Ld. counsel for the

applicant and Shri Rajesh Kumar, Ld. Counsel for the

respondents assisted by Lt Col Subodh Verma, Departmental


Supplementary affidavit filed by Ld. Counsel for the

applicant is taken on record.

List this case on 27.11.2015 for orders.




Court No. 3 T.A. No. 19 of 2010

Rajendra Yadav Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry



Present : Shri Yashpal Singh, Ld. counsel for the

petitioner and Shri D.S. Tiwari, Ld. Counsel for the



A week’s further time is granted to Ld. Counsel for the

respondents to produce documents in terms of order dated

04.11.2015.

List this case on 30.11.2015 for hearing.

On the date fixed, the officer concerned shall appear with

the policy on the subject in question to assist the Court.





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. Sr. Standing

Counsel for the respondents assisted by Lt Col Subodh

Verma, Departmental Representative for the Respondents.

List this case on 26.11.2015 to enable Ld. Counsel for

the applicant to deposit cost in terms of order dated

29.09.2015.





Rajesh Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry



Present : None for the Applicant and Mrs Deepti Prasad

Bajpai, Ld. Sr. Standing Counsel for the respondents



Case called out. None appeared on behalf of applicant

to press this case in second round after pass over.

O.A. is dismissed for non-prosecution.

Stay order, if any, stands vacated.




Court No. 3 O.A. No. 138 of 2015 with M.A. No 1763 of 2015

& M.A. No 2043 of 2015

Vishwajeet Singh Applicant By Legal Practitioner for Applicant


Notes of

the

Registry



Present : Shri Shailendra Kumar Singh, Ld. Counsel for

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

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


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

on 01.12.2015 for hearing.

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

produce original documents pertaining to case including date

and compilation of case law 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




BG Gowda Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry



Present : Ld Counsel Sri B. P. Singh holding brief of Shri

R.K. Agarwal, Ld. counsel for the petitioner and Shri

Ashutosh K. Srivastava, Ld. Counsel for the respondents



Ld. Counsel Sri B.P.Singh submits that Sri R.K. Agarwal

is suffering from cardiac problem and prays for adjournment

of the case.

It appears that since last three-four dates, Ld. Counsel

for the applicant is not pursuing the matter.

However, as a last opportunity, the case is being

adjourned.

List the case again on 27.11.2015 for hearing.





Rudra Pal Singh (D) 1/1 Smt Vidya Singh & Others Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry



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

petitioner and Shri Ashutosh Kumar Srivastaval, Ld. Counsel

for the respondents assisted by Lt Col Subodh Verma,

Departmental Representative for the Respondents.

The applicant was convicted in a criminal case and

thereafter was discharged from service.

However, Ld. Counsel for the applicant submitted that the

applicant has been acquitted in both the criminal cases. Ld.

Counsel for the respondents shall apprise the Court as to

what will be the consequence in case discharge is only on the

ground of criminal case and conviction has resulted in

acquittal at the trial/appellate stage?


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

produce Army Order, Army Rule and Regulations on the

subject.





Ranjit Singh Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry



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

and Shri Rajesh Kumar, Ld. Counsel for the respondents



As prayed by Sri R. Chandra, Ld. Counsel for the

applicant, list this case again on 19.11.2015 for hearing.






date fixed.




Court No. 3 T.A. No. 1420 of 2010

Surya Kant Petitioner By Legal Practitioner for Petitioner


Notes of

the

Registry



Present : Shri V.P. Pandey, Ld. counsel for the petitioner

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

assisted by Wg Cdr S.K. Pandey, Departmental


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

case on 20.11.2015 for hearing.






date fixed.





Abhishek Pandey Applicant By Legal Practitioner for Applicant


Notes of

the

Registry


06.11.2015 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

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

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



Two weeks’ further time is allowed to Learned Counsel

for the respondents to file supplementary affidavit in terms of

order dated 27.10.2015.

List the case on 19.11.2015 for hearing.

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



T.A. No 365 of 2010 Kirat Prasad Petitioner By Legal Practitioner for Applicant





Present : Col (Retd) Ashok Kumar, Ld. Counsel for the

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



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

The petitioner preferred Writ Petition No 25963 of 2006 in

High Court at Allahabad with the prayer that his statutory

complaint dated 30.08.2005 may be directed to decide by the

reasoned and speaking order.

Ld. Counsel for the respondents submits that the statutory

complaint has been decided on 23.06.2006 by Chief of the

Army Staff. Copy of which has been filed as Annexure CR-2

to Supplementary Counter Affidavit.

Keeping in view the fact that the statutory complaint has

already been decided by order dated 23.06.2006 but the same

has not been challenged, the T.A. has lost its efficacy.

Accordingly, without entering into the merit of case, the T.A.

is rejected with liberty to the petitioner to challenge order dated

23.06.2006 before the appropriate forum, if he so desires.




M.A. No. 2080 of 2015 Inre. T.A. No. 769 of 2010 Ashish Kumar Applicant By Legal Practitioner for Applicant





Present : Shri Yashpal Singh, Ld. Counsel for the

Applicant and Shri Dileep Singh, Ld. Counsel for the



Heard Shri Yashpal Singh Ld. Counsel for the applicant.

This is an application under section 31 of the Armed Forces

Tribunal Act 2007 for grant of leave to appeal. The applicant

has preferred this application against the order dated

23.09.2015 of this Tribunal. It appears that the order of

Tribunal is a reasoned and speaking order. The controversy

does not seem to be valid in specific point of law which make

out a case for grant to leave to appeal. Moreover, It has not

been pointed out as to what question of general public

importance is involved in this case.

Accordingly, the application for leave to appeal is rejected.




M.A. No. 2089 of 2015 with M.A. No. 2090 of 2015 Inre T.A. No. 1380 of 2010 Kashi Singh Yadav Applicant By Legal Practitioner for Applicant





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

Applicant and Shri Prakhar Kankan, Ld. Counsel for the



M.A. No. 2089 of 2015 & M.A. No 2090 of 2015

Order dated 24.09.2015 is recalled subject to payment of

Rs. 500/- as costs, 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 2089 of 2015 & M.A. No 2090 of 2015 are

disposed of accordingly.

T.A. No. 1380 of 2010



Form No. 4



M.A. No. 749 of 2014 with M.A. No. 1439 of 2015, M.A. No. 1649 of 2015 Inre ExA 96 of 2013 & T.A. No. 899 of 2010

Dev Lal Applicant By Legal Practitioner for Applicant






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



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

on 20.11.2015 for orders.




M.A. No. 589 of 2015 with M.A. No. 1796 of 2015 & M.A. No. 1797 of 2015 Inre O.A. No. Nil of 2015

Ramakant Singh Applicant By Legal Practitioner for Applicant





Present : Shri S.B. Tiwari, Ld. Counsel for the Applicant

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

M.A. No. 589 of 1015

This is an application for condonation of delay. Being

aggrieved by impugned order dated 28.02.1998 the applicant

was discharged on the ground of ‘HAEMOLYSIS OR

HAEMOGLOBINOPATHY’. It appears that the applicant’s

case was reconsidered by the Appellate Medical Board dated

26.08.2006 and medical board held that the applicant is not

suffering from disease ‘HAEMOLYSIS OR

HAEMOGLOBINOPATHY' at the time of discharge. The

applicant filed Writ Petition No. 48612 of 2004 in the High

Court at Allahabad against the order of discharge and for

payment of disability pension. The Writ Petition was

transferred to this Tribunal and was registered as T.A. The

Tribunal vide order dated 05.02.2015 permitted the applicant

to withdrawn the T.A. with liberty to file a fresh one hence this

O.A. has been filed. It appears that the applicant has

reasonably explained the reasons for delay in filing of O.A.

Continued effort was made by the applicant for grant of relief.

In view of the above, there is no delay in filing the O.A. The

reasons shown for condonation of delay seem to be sufficient.

Delay is condoned.

M.A. No 589 of 2015 is disposed of accordingly.

O.A. Nil of 2015

The applicant is aggrieved from the order of discharge. It is

clear from the opinion of appellate medical board that the

applicant was not suffering from the disease at the time of

discharge. Ld. Counsel for the applicant submits that in case

the applicant was not suffering from the disease, he should

have been permitted to join his duty. Contention of the Ld.

Counsel seems to be genuine. It is a fit case for adjudication.

Admit.

Ld. Counsel for the respondents shall file counter affidavit

within six weeks. Rejoinder affidavit, if any may be filed by Ld.

Counsel for the applicant within two weeks thereafter.



Form No. 4



M.A. No. 2071 of 2015 Inre O.A. No. 201 of 2014 Col HS Bacchal Applicant By Legal Practitioner for Applicant





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

Applicant and Lt Col Subodh Verma, Departmental


M.A. No 1023 of 2015

This is an application for amendment of O.A. OIC Legal

Cell submits that he does not want to file objection on

amendment application. In view of the statement given before

the Tribunal, application for amendment is allowed.

Ld. Counsel for the applicant is permitted to carryout the

amendment within one week. He shall also file copy of the

amended O.A. within aforesaid period.

M.A. No 1023 of 2015 is disposed of accordingly.

O.A. No. 201 of 2014

Ld. Counsel for the Respondents may file additional

counter affidavit within two weeks. Additional rejoinder

affidavit, if any, may be filed a week, thereafter.



Form No. 4



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





Present : Shri Brijesh Verma, Ld. Counsel for the Applicant

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

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

week’s time to file Rejoinder Affidavit.





O.A. No. 232 of 2010 Jagdish Singh Applicant By Legal Practitioner for Applicant





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

and Shri D.K. Pandey, Ld. Sr. Standing Counsel for the



Order dated 28.10.2015 passed in by the High Court in

Writ Petition No. 6224 of 2015 has been placed this Tribunal

according to which certain portionof the order of this Tribunal

has been stayed. The High Court seems to have interfered

since no appeal lies against inter locatory order. However,

attention of the High Court has not been invited to the decision

of the Hon’ble Apex Court in the case of Union of India vs.

Major General Shrikant Sharma passed in Civil Appeal No.

7400 of 2013 decided on 11.03.2015. The fact remains that

the order of the High Court has no binding effect on the

Tribunal. However, it is not proper to adjudicate upon the

controversy since any observation made by the High Court

may affect the final outcome of the present O.A. even if order

entire order is sustained or set aside.

Accordingly, we adjourn the O.A. till final out come of

pending Writ Petition or for the period of two months,

whichever is earlier.


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

Form No. 4



O.A. No. 248 of 2011 Mohd Arif Applicant By Legal Practitioner for Applicant






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



Let fresh notice be issued by the registry on Respondent

No 5 returnable at an early date. Steps be taken within one

week.



Form No. 4



O.A. No. 202 of 2014 Prem Mohan Upadhyay Applicant By Legal Practitioner for Applicant






Applicant and Shri Ashutosh K. Srivastava, Ld. Counsel for

the respondents assisted by Lt Col Subodh Verma,

Departmental Representative for the Respondents.

List this case on 05.11.2015 for peremptorily hearing.






date fixed.


Form No. 4



O.A. No. 142 of 2015 Amar Nath Singh Yadav Applicant By Legal Practitioner for Applicant





Present : Shri R.M. Pandey, Ld. Counsel for the Applicant

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

By order 06.07.2015 of this Tribunal, while admitting the

O.A., six weeks time was granted to respondents to file

counter affidavit and four weeks time was granted to Ld.

Counsel for the applicant to file rejoinder affidavit. Again on

23.09.2015, four weeks further time was granted to the

respondents to file counter affidavit. Till today. no counter

affidavit has been filed.

Sri D.S.Tiwari, Ld. Counsel for the respondents submits

that he has not received any instructions or comments from

the respondent-Navy. It appears that more than two and a half

months have passed, but no response has been received from

respondent-Navy. It shall be appropriate that the Chief of the

Naval Staff ensures that the Navy is represented by someone

during the course of hearing in the Tribunal because in case of

non-appearance of Legal Representative, the Navy may suffer

avoidable loss.

Accordingly, Chief of Naval Staff is directed to make some

arrangement so that Navy is represented on the next date of

hearing.

Subject to above, we grant three weeks’ time to Ld.

Counsel for the respondents to file counter affidavit on

payment of Rs. 5000/- (Rupees five thousand) as cost by the

next date of listing, which shall be deposited in this Tribunal.

The applicant shall be entitled to withdraw the amount of cost.

Rejoinder affidavit, if any, shall be filed by the applicant within

next one week.

Registry shall send a copy of this order to the Chief of

Naval Staff forthwith so that the Navy may be represented and

may not suffer with adverse consequences.





T.A. No. 86 of 2011 GC Yadav Petitioner By Legal Practitioner for Petitioner






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



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

4.01.2016 for orders.


Form No. 4



T.A. No. 25 of 2014 with M.A. No. 1681 of 2015 & M.A. No. 1682 of 2015 Sashi Kumar Mishra Petitioner By Legal Practitioner for Petitioner






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



M.A. No 1682 of 2015

Ld. Counsel for the respondents does not intend to file

objection against amendment application whereby prayer has

been made for amendment in relief clause for payment of

disability pension.

Amendment application is allowed. Let the amendment be

incorporated forthwith.

M.A. No. 1682 of 2015 stands disposed of.

T.A. No. 25 of 2014

List this case on 16.11.2015 for orders before the bench

dealing with matters related to disability pension.




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





Present: Shri Yashpal Singh, Ld. Counsel for the Petitioner

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

by Lt Col Subodh Verma, Departmental Representative for

the Respondents.


case on 6.11.2015 for further hearing.






date fixed.


Form No. 4



O.A. No. 122 of 2012 Prem Singh Applicant By Legal Practitioner for Applicant






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



Ld. Counsel for the respondents submits that preliminary

enquiry in pursuance to Army Rule 13 (3) iii (v) had been held

and in consequence thereof the applicant was discharged from

service on account of six red ink entries. However, Ld.

Counsel for the applicant submitted that no enquiry was held

and the applicant has been discharged without preliminary

enquiry. It is also submitted that neither any order nor any

show cause notice nor report of preliminary enquiry has been

served upon the applicant. The documents placed before the

Tribunal show that the preliminary enquiry was held on

30.10.2009. Let a copy of the preliminary enquiry report be

filed along with supplementary affidavit within two weeks.

Supplementary rejoinder affidavit, if any, may be filed within

two weeks thereafter.

While filing supplementary counter affidavit, Ld. Counsel for

the respondents shall indicate in which order preliminary

enquiry was held.

List the case on 14.12.2015 for hearing.

Copy of the order shall be supplied to Ld. Counsel for the

respondents free of cost within three days.


Form No. 4



O.A. No. 65 of 2013 Ram Bharat Singh Applicant By Legal Practitioner for Applicant






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



Ld. Counsel for the applicant prays for and is granted

further a weeks’s time and no more to file affidavit bringing on

record copy of the statutory complaint dated 20.08.2009.







date fixed.


Form No. 4



O.A. No. 214 of 2013 Indra Shekhar Singh Applicant By Legal Practitioner for Applicant





Present : Shri Veer Raghav Chaubey, Ld. Counsel for the

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




30.11.2015 for hearing.






date fixed.


Form No. 4



O.A. No. 264 of 2013 Narender Singh Applicant By Legal Practitioner for Applicant





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

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



We have perused the record which contains movement

order dated 02.03.2013 which indicates that the applicant has

been reverted back to his parent unit due to lack of musical

aptitude. It further shows that the applicant could not pass one

subject as per normal roll-result sheet dated 4.06.2011 to

17.06.2011. Result sheet contains the remark that the

applicant is not fit for musician trade. Similar note has been

made in the result sheet dated 29.06.2011. However, record

does not contain any order whereby decision has been taken

to discharge the applicant through there appears to be a show

cause notice dated 26.04.2013 on record which was issued on

the ground that applicant is unlikely to become an efficient

soldier and why he may not be discharged.

In response to notice, the applicant has submitted reply to

show cause notice dated 28.04.2013, a copy of which has

been filed as Annexure-2 to the O.A. In his reply, the

applicant has admitted to be suffering from chest pain and

made a request for transfer to some other trade. The fact

remains that the discharge order is not on record, and it was

communicated to the applicant. The movement order does not

contain a remark that applicant has been discharged from

service.

Ld. Counsel for the respondents submits that he shall

produce the record.







date fixed.


Form No. 4



T.A. No. 365 of 2010 Kirat Prasad Petitioner By Legal Practitioner for Petitioner









Heard Ld. Counsel for the parties.

The petitioner preferred a Writ Petition in the High Court of

Judicature at Allahabad with the prayer that his statutory

complaint be decided by the respondents by a reasoned and

speaking order. OIC Legal Cell has invited our attention that

statutory complaint has been decided by Chief of Army Staff

vide his letter dated 25.01.2006, copy of which has been filed

as Annexure CA-6.

Keeping the fact that statutory complaint has already been

decided but the same has not been challenged, the T.A. has

lost its efficacy.

It is accordingly rejected.

No order as to cost.


Form No. 4



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





Present : Ld. Counsel Shri V.A. Singh holding brief of Shri

Yashpal Singh, Ld. Counsel for the Petitioner and Shri D.S.

Tiwari, Ld. Counsel for the respondents assisted by Lt Col

Subodh Verma, Departmental Representative for the

Respondents.


17.12.2015 for hearing.






date fixed.


Form No. 4



T.A. No. 31 of 2012 with M.A. No. 2007 of 2015 Shatrughan Singh Chauhan Petitioner By Legal Practitioner for Petitioner




04.11.2015 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen AM Verma, Member (A)

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

and Lt Col Subodh Verma, Departmental Representative for

the Respondents.

List this case on 26.11.2015 before the Bench in which

one of us (Hon’ble Lt General A. M. Verma) is not a member.

(Lt Gen AM Verma) (Justice D.P. Singh) Member (A) Member (J) ukt

Form No. 4



M.A. No. 2069 of 2015 Inre O.A. No. 156 of 2015 Pratap Singh Applicant By Legal Practitioner for Applicant









M.A. No. 2069 of 2015




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





M.A. No. 749 of 2014 with M.A. No. 1439 of 2015, M.A. No. 1649 Of 2015 Inre. Ex A 96 of 2013 & T.A. No. 899 of 2010

Dev Lal Applicant By Legal Practitioner for Applicant





Present : Shri Shailendra Singh, Ld. Counsel for the

Applicant and Lt Col Subodh Verma, Departmental


As prayed by OIC., Legal Cell, put up this case on





M.A. No. 1461 of 2015 Inre O.A. No. Nil of 2015 Bimay Kumar Applicant By Legal Practitioner for Applicant





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

and Shri Ashutosh K. Srivastav, Ld. Counsel for the



M.A. No. 1461 of 2015

This is an application for condonation of delay, which as

per Ld. Counsel for the applicant is out come of inaction on

account of commission and omission of earlier lawyer Smt.

Hema Pandey. Submission of Ld. Counsel is that delay has

caused due to applicant’s earlier counsel (Smt. Hema

Pandey), who sent notice to the respondents and was

expected to pursue the matter expeditiously. However, on

account of prolonged illness for certain period in the family, the

earlier lawyer of the applicant could not pursue the matter and

failed to file the O.A. in the Tribunal. The order of discharge

has been passed only on account of red ink entries.

Prima facie, it appears that there is sanguine hope of

success of the O.A. Hence for the cause of substantial justice,

we are of the view that the delay should be condoned. Ld.

Counsel for the applicant has placed reliance upon the

Judgment of Hon’ble Supreme Court in the case of Executive

Officer, Antiyur Town Panchayat vs. G.Arumugam (D) by

LRs., reported in 2015 (4) SRJ 339 according to which a

liberal approach should be taken. The cause shown seems to

be sufficient, hence we condone the delay and take up the

O.A. on merit.

The impugned order seems to have been passed on

account of red ink entries, which according to Ld. Counsel for

the applicant is covered by this Tribunal’s judgment in the case

of Abhilash Singh Kushwah vs. Union of India, decided on

23.09.2015.

Accordingly we admit the O.A.

Ld. Counsel for the respondents shall file counter affidavit

within two weeks. Rejoinder affidavit, if any, may be filed

within next one week.





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





Present : Ld Counsel Mohd Tariq holding brief of Shri M.K.

Singh, Ld. Counsel for the Applicant and Shri Rajesh Kumar,

Ld. Counsel for the respondents assisted by Lt Col Subodh


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

weeks time to file rejoinder affidavit.





O.A. No. 496 of 2012 Nizamuddin Applicant By Legal Practitioner for Applicant






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



During course of hearing, while we were dictating final

order, it came to light that the discharge order as well as

opinion of Release Medical Board is not on record.

Ld. Counsel for the respondents prays for and is granted

two weeks time to file supplementary affidavit bringing on

record aforesaid documents.

List on 14.12.2015 for further hearing.




O.A. No. 202 of 2013 Pradeep Kumar Yadav Applicant By Legal Practitioner for Applicant





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

and Shri Rajesh Kumar, Ld. Counsel for the respondents



Let affidavit be filed within two weeks annexing thereto

copy of the preliminary enquiry report, which has been referred

to in para-8 of the counter affidavit.







date fixed.




T.A. No. 1122 of 2010 Vishnu Deo Tiwari Petitioner By Legal Practitioner for Petitioner





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

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


the Respondents.

Ld. Counsel for the respondents prays for and is granted

two weeks’ time to file counter affidavit. Rejoinder affidavit, if

any, may be filed within next one week thereafter.

List this case on 23.11.2015 for further hearing.






date fixed.




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





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

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


Representative for the Respondents and Capt Vaibhav Singh,

Representative of MS Legal Cell.


case on 18.12.2015 in terms of order dated 22.09.2015 for

orders.




O.A. No. 114 of 2013 GM Vishwanathan Applicant By Legal Practitioner for Applicant





Present : Shri Sharad Bhatnagar, Ld. Counsel for the

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



Respondents have not produced entire record in terms of

order dated 05.10.2015 though they have produced policy with

regard to moderation, but the moderation chart detailing all

such candidates whose marks were increased or decreased,

has not been produced before the Tribunal. It is unfortunate

that in spite of clear orders, the respondents have not

produced the relevant documents.


On the date fixed, the respondents shall produce the

moderation done and placed before the Selection Committee.




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





Present : Shri Piyush Sharma, holding brief of Shri R.K. Verma,

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

for the respondents assisted by Lt Col Subodh Verma, Departmental



Order dated 02.11.2015 passed in Writ Petition No. Service Single

No. 6239 of 2015 has been placed before this Tribunal whereby

certain portion of order dated 24.09.2015 has been stayed by the High

Court.

It appears that attention of the High Court was not invited to the

decision of the Hon’ble Supreme Court in the case of Union of India

vs. Major Gen. Shri Kant Sharma & ors (Civil Appeal No. 7400 of

2013, decided on 11.03.2015) and statutory provisions.

However, we defer the hearing of the present case for a period of

two months or till disposal of pending Writ Petition in the High Court,

whichever is earlier.

Ld. Counsel for the applicant submits that the Board is likely to be

constituted. We are of the view that there should not be conflicting

judgments, inasmuch as any observation made by the High Court may

affect the decision of this Tribunal and is binding.





O.A. No. 32 of 2015 Raghu Raj Singh Applicant By Legal Practitioner for Applicant





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

and Shri A.K. Srivastava, Ld. Counsel for the respondents



As prayed by learned counsel for the respondents, list this

case on 01.12.2015 for hearing.


produce original documents pertaining to case including Navy

Rules, Guidelines given in I.C.D. 10 as well as R.M.S.A.F.

1983 for perusal of the Bench.



date fixed.




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





Present : Lt Col Laxmi Kant Yadav, in person and Mrs.

Deepti Prasad Bajpai, Ld. Sr. Standing Counsel for the




Written arguments filed by Ld. Counsel for the applicant is

taken on record.

Ld. Counsel for respondents submits that he does not

intend to file written arguments.







date fixed.


Form No. 4



T.A. No. 43 of 2013 Jitendra Kumar Petitioner By Legal Practitioner for Petitioner

Versus

Union of India and Others Respondents By Legal Practitioner for Respondents





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


Representative for the Respondents and Major Pankaj Singh,

Grade Specialist Orthopaedic, Base Hospital, Lucknow.

Heard applicant in person and OIC., Legal Cell.

Major Pankaj Singh, Grade Specialist Orthopaedic, Base

Hospital, Lucknow has apprised about the disease from which

the applicant is suffering.

Arguments concluded.

Judgment is reserved.




M.A. No. 2048 of 2015 Inre. O.A. No. 119 of 2015 Yuvraj Vishwakarma Applicant By Legal Practitioner for Applicant





Present : Shri Nishant Verma, Ld. Counsel for the







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

shall be listed on 23.11.2015 for orders.




Dy No. 2091 of 2015 Diwan Singh Applicant By Legal Practitioner for Applicant





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

and Shri Prakhar Kankan, Ld. Counsel for the respondents



Ld. Counsel for the respondents prays for and granted 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.





M.A. No. 256 of 2015 with M.A. No. 1938 of 2015 Radhey Shyam Applicant By Legal Practitioner for Applicant





Present : None for the Applicant and Mrs Deepti Prasad

Bajpai, Ld. Sr. Standing Counsel for the respondents assisted


the Respondents.

Case called out. None appeared on behalf of applicant to

press this case in second round after pass over.

T.A. is dismissed for non-prosecution.


Before signing the order, Sri O.P. Kushwaha, Ld.Counsel

for the applicant appeared and prayed that the case may be

adjourned.

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





Court No. 3 M.A. No. 1173 of 2015 with M.A. No. 1356 of 2015 & M.A. No. 1868 of 2015 Inre O.A. No. Nil of 2015

Sandeep BR Applicant By Legal Practitioner for Applicant





Present : None for the applicant and Lt Col Subodh









O.A. No. 229 of 2010 Rajesh Pratap Singh Applicant By Legal Practitioner for Applicant





Present : None for the Applicant and Shri D.S. Tiwari, Ld.










O.A. No. 281 of 2012 with M.A. No. 1821 of 2015 Sube Singh Applicant By Legal Practitioner for Applicant


Notes of the Orders of the Tribunal

Registry


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

Applicant and Shri Dileep Singh, Ld. Counsel for the



Ld. Counsel for the respondents prays for and is granted 2

days time to file Supplementary Counter Affidavit to the

amended O.A. Ld. Counsel for the applicant is granted a

week’s time to file reply.





O.A. No. 432 of 2012 with M.A. No. 1875 of 2015 Ajay Kumar Singh Applicant By Legal Practitioner for Applicant





Present : Shri Ajay Kumar Singh, applicant in person and

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

Lt Col Subodh Verma, Departmental Representative for the

Respondents.

The applicant Shri Ajay Kumar Singh submits that his Ld.

Counsel is busy in other court and prays for adjournment of

the case.

As prayed, list this case on 24.11.2015 for orders.




O.A. No. 55 of 2015 Jitendra Singh Applicant By Legal Practitioner for Applicant

Versus Air Officer Commanding 17 Wing Air Force Stn, Gorakhpur Respondents By Legal Practitioner for Respondents




Present : Shri R.N. Tripathi, Ld. Counsel for the Applicant


the Respondents.

Ld. counsel for the applicant prays for and is granted three

weeks time to file rejoinder affidavit.





T.A. No. 7 of 2015 with M.A. No. 1673 of 2015 Ramesh Pal Singh Petitioner By Legal Practitioner for Petitioner





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

Ld. counsel for the respondents assisted by Lt Col Subodh




T.A. is dismissed for non-prosecution.





O.A. No. 5 of 2013 with M.A. No. 1990 of 2015 RC Virendra Singh Applicant By Legal Practitioner for Applicant





Present : Shri D.S. Kaunta, Ld. Counsel for the Petitioner

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

by Surg. Cdr. Wahida Prism, Departmental representative for

the respondents.

During the course of hearing it appears that procedure for

medical categorisation under the Navy Rules, Guidelines given

in I.C.D. 10 as well as R.M.S.A.F. 1983 could be looked into

to clarify the issue.



produce original documents pertaining to case including Navy

Rules, Guidelines given in I.C.D. 10 as well as R.M.S.A.F.

1983 for perusal of the Bench.



date fixed.




T.A. No. 174 of 2009 Rama Shankar Petitioner By Legal Practitioner for Petitioner





Present : Shri Yashpal Singh, Ld. Counsel for the

Petitioner and Lt Col Subodh Verma, Departmental


Heard Ld. Counsel for the applicant and Departmental

Representative for the respondents.

Arguments concluded.

Order reserved.




T.A. No. 39 of 2012 Selina John Petitioner By Legal Practitioner for Petitioner









Photo stat copies of original documents filed by

Ld.Counsel for the respondents are taken on record.







date fixed.




O.A. No. 370 of 2011 Gaurav Malik Applicant By Legal Practitioner for Applicant





Present : Shri D.S. Kauntae, Ld. Counsel for the Applicant

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

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

Respondents.

Let supplementary affidavit be filed within three days

placing on record compete report of the psychiatric, Medical

Board along with prescriptions.

List on 17.11.2015 for hearing.






date fixed.




O.A. No. 496 of 2012 Nizamuddin Applicant By Legal Practitioner for Applicant






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



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

on 03.11.2015 for further hearing.






date fixed.




O.A. No. 202 of 2013 Pradeep Kumar Yadav Applicant By Legal Practitioner for Applicant







the Respondents.

Departmental representative for the respondents submits

that Shri Rajesh Kumar, Ld. counsel for the respondents is not

available today and prays for adjournment of the case.

As prayed, list this case on 03.11.2015 for hearing.






date fixed.




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







the Respondents.

As prayed by OIC., Legal Cell, list this case on 18.12.2015

for hearing.






date fixed.




T.A. No. 1318 of 2010 Surinder Singh Petitioner By Legal Practitioner for Petitioner





Present : Shri Anand Dubey, Ld. Counsel for the Petitioner


the Respondents.

Ld. Counsel for the applicant submits that on account of

injury suffered during army service, applicant is entitled for

disability pension.

List this case on 16.11.2015 for hearing before the

appropriate Bench dealing with case of disability pension.


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