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Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1277 of 2014
Lt Col Rohit Mishra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: K.K. Mishra, learned counsel for the applicant,
List this case before the appropriate Bench having jurisdiction
on 17.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1559 of 2014
Keshar Bahadur Tamang Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Yash Pal Singh, learned Amicus Curiae for the
applicant, Shri Mukund Tewari, learned Standing Counsel, and Capt.
Priti Tyagi, Departmental Representative.
Learned counsel for the applicant states that he has been
provided photo-copies of the papers on file but he is not in possession
of the papers relating to SCM proceedings initiated against the
applicant.
Shri Mukund Tewari, learned Standing Counsel, is directed to
provide photo-copies of the entire SCM proceedings to Shri Yash Pal
Singh within four weeks to enable Shri Singh, who has been appointed
Amicus Curiae by the order of this Court dated 10.9.2014, to prepare
the case.
List again on 3.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
EX-A. No. 54 of 2013 with M.A. No. 815 of 2014 & M.A. No. 1233 of 2014
(Inre- O.A. No. 101 of 2010)
Raghunath Tripathi Applicant
In person
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri A.K. Singh, learned Counsel for the respondents,
and Sgt. Subhendu Dutta, Departmental Representative.
List has been revised. The applicant, who is appearing in
person, is not present.
List again on 8.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 975 of 2013 with R.A. No 39 of 2013
(Inre- T.A. No. 71 of 2010)
Rajendra Bahadur Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant, Shri
Mukund Tewari, learned Counsel for the respondents, and Capt. Priti
Tyagi, Departmental Representative.
This is an Execution Application.
List this case before the appropriate Bench having jurisdiction
on 27.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 30 of 2010
P. Venkat Reddy Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.N. Chaturvedi, learned counsel for the applicant,
Shri Rajesh Kumar, learned Counsel for the respondents, and Capt.
Priti Tyagi, Departmental Representative.
This case has been wrongly listed before this Court. List before
the appropriate Court having jurisdiction in the matter on 19.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 245 of 2012 with M.A. No. 995 of 2014
Vidyapati Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant, Shri
D.S. Tiwari, learned Counsel for the respondents, and Capt. Priti
Tyagi, Departmental Representative.
Misc. Application No. 995 of 2012.
This application for amendment in the prayer clause of the
Original Application has been filed by the applicant.
Since the amendment sought for by the applicant does not
change the nature of the case, as such this application is allowed. The
amendment be incorporated in the memo of Original Application
during the course of the day.
As prayed, list on 11.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 193 of 2013
Hav Ajay Kumar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra holding brief of Shri K.C. Ghildiyal,
learned counsel for the applicant, Shri Dileep Singh, learned Counsel
for the respondents, and Capt. Priti Tyagi, Departmental
Representative.
Shri R. Chandra prays for and is granted four weeks‟ further
time to file rejoinder affidavit. Shri Chandra further states that this
case shall be argued by Shri K.C. Ghildiyal, who is not present today.
As prayed, list on 12.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 139 of 2014
Prabhat Pandey Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Sudhir Kumar Singh, learned counsel for the
applicant, Shri Mukund Tewari, learned Counsel for the respondents.
Learned counsel for the respondents prays for and is granted
four weeks‟ further time to file counter affidavit.
List on 14.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 490 of 2012
Pradeep Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Capt. Priti Tyagi, Departmental Representative.
On call of the case a request has been made by Shri Ishraq
Farooqui, Standing Counsel, states that Shri Rohit Kumar, learned
counsel for the applicant, is not well and has not come to the Court
today. Shri Farooqui, therefore, prays that the case be adjourned.
Accordingly, the case is adjourned for the day.
As prayed, list on 15.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A.(A). No. 518 of 2012
Gajendra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri D.K. Pandey, learned Counsel for the respondents,
and Capt. Priti Tyagi, Departmental Representative.
On call of the case Shri D.K. Pandey, learned counsel for the
respondents, states that Col. Y.R. Sharma (Retd.), learned counsel for
the applicant, has gone out of station. Shri Pandey, therefore, prays
that the case be adjourned. Accordingly, the case is adjourned for the
day.
List on 16.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A.(A). No. 3 of 2013
Shyambir Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri D.S. Tiwari, learned Counsel for the respondents,
and Capt. Priti Tyagi, Departmental Representative.
List has been revised. None is present for the applicant, neither
there is any request to adjourn/pass over the case. Accordingly,
O.A.(A) No. 3 of 2013 is dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 1210 of 2010
Gajraj Singh Tomar Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Capt. Priti Tyagi, Departmental Representative.
On call of the case a request has been made by Shri Ishraq
Farooqui, Standing Counsel, states that Shri Rohit Kumar, learned
counsel for the applicant, is not well and has not come to the Court
today. Shri Farooqui, therefore, prays that the case be adjourned.
Accordingly, the case is adjourned for the day.
As prayed, list on 17.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 1455 of 2010
Sarvjit Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Capt. Priti Tyagi, Departmental Representative.
On call of the case a request has been made by Shri Ishraq
Farooqui, Standing Counsel, states that Shri Rohit Kumar, learned
counsel for the applicant, is not well and has not come to the Court
today. Shri Farooqui, therefore, prays that the case be adjourned.
Accordingly, the case is adjourned for the day.
As prayed, list on 18.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 39 of 2011
Sanobar S. Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
30.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Dileep Singh, learned Counsel for the
respondents, and Capt. Priti Tyagi, Departmental Representative.
List has been revised. None is present for the applicant, neither
there is any request to adjourn/pass over the case. Accordingly,
Transferred Application No. 39 of 2011 is dismissed for non-
prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 497 of 2014 with M.A. No. 1186 of 2014
Vijay Kumar Mandal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Capt. Priti Tyagi, Departmental Representative.
On call of the case Shri Rakesh Johri, Advocate, appeared and
stated that Lt. Col. A.K. Saxena, learned counsel for the applicant, has
not come to the Court yet. He, therefore, prays that the case be
adjourned. Accordingly, the case is adjourned for the day.
As prayed, list on 3.11.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 37 of 2012 with M.A. No. 1040 of 2014
Salil Chandra Jagdev Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.A. Singh, learned counsel for the applicant, and Capt.
Priti Tyagi, Departmental Representative.
Heard learned counsel for the applicant.
It comes out from the record of the case that the amendment
application has been allowed far back but inspite of sufficient time granted
to the applicant neither the amendments have been incorporated nor
amended copies of the Original Application have been filed as yet.
Learned counsel for the applicant prays a last opportunity to amend
the Original Application and to file amended copies of the Original
Application.
As a matter of last opportunity ten days and no more time is granted
to learned counsel for the applicant for the purpose after serving copies of
the same on learned counsel for the respondents.
List for order on 5.11.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 129 of 2013
Rajendra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.P. Pandey, learned counsel for the applicant,
Ms. Deepti Prasad Bajpai, learned Counsel for the respondents, and
Capt. Priti Tyagi, Departmental Representative.
Misc. Application No. 1281 of 2014.
This is an application for amendment of the Original
Application, filed by the applicant on 11.4.2014. After affording
several opportunities to the respondents no objection has been filed by
the respondents as yet.
The amendments required to be incorporated in the Original
Application, filed by the applicant, against an order passed on General
Court Martial sentencing the applicant to imprisonment for life and
dismissal from service.
We have gone through the amendment application and we find
that if the amendments, sought to be incorporated, are allowed, there
will be no change in the substantial question of this case. Accordingly,
we allow this amendment application. The applicant is directed to
incorporate the amendments and file amended copies of the Original
Application, after serving copies of the same on learned counsel for
the respondents, within three weeks.
List for orders on 7.11.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 53 of 2014 with M.A. No. 1049 of 2014
Praveen Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.N. Chaturvedi, learned counsel for the applicant,
and Sgt. Subhendu Dutta, Departmental Representative.
Learned counsel for the applicant states that he has already
filed rejoinder affidavit in the month of August, 2014 but the same is
not on record.
The office is directed to trace out the rejoinder affidavit, filed
by the applicant, and place the same in the record of the case.
As prayed by learned counsel for the applicant, list this case on
5.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 1065 of 2010 with M.A. No 1116 of 2014
R.N. Mishra Applicant
In person.
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: The applicant, Shri R.N. Mishra, in person, Shri
Mukund Tewari, learned Counsel for the respondents, and Sgt.
Subhendu Dutta, Departmental Representative.
Misc. Application No. 1116 of 2014.
This is an application for amending the writ petition.
Shri Mukund Tewari, learned counsel for the respondents,
states that this amendment application is a bulky one and he needs
time to go through it.
Shri Tewari prays for and is granted six weeks‟ time to file
objection on the pleadings and on the grounds, sought to be amended
by the applicant.
As prayed six weeks time is granted to the respondents to file
objection, if any.
List this case on 4.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 69 of 2013 with M.A. No. 508 of 2013
Col. Dayanand Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Rakesh Johri, learned counsel for the applicant, Shri
Mukund Tewari, learned Counsel for the respondents, and Capt. Priti Tyagi,
Departmental Representative.
This Misc. application No. 508 of 2013 has been filed by the
applicant for providing copy of the proceedings of General Court Martial.
Heard learned counsel for the applicant.
It has been pleaded in this application that earlier a copy of the GCM
proceedings was provided to the applicant but due to some reason or the
other it has been misplaced.
In the interest of justice, we allow this Misc. Application No. 508 of
2013 and direct the respondents to provide a copy of the GCM proceedings
to learned counsel for the applicant within two days.
As prayed by learned counsel for the applicant, list this case on
3.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 64 of 2011
Vijay Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.C. Maurya, learned counsel for the applicant,
Shri R.S. Mishra, learned Counsel for the respondents and Capt. Priti
Tyagi, Departmental Representative.
Amended copy of the Original Application has not yet been
filed by learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted three
weeks‟ time to file amended copy of the Original Application after
serving a copy of the same on learned counsel for the respondents.
As prayed by learned counsel for the applicant, list this case on
10.12.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 427 of 2012
Sajan Mishra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
29.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari on behalf of
respondents no. 1 to 6 is taken on record. When the case is next listed,
his name be shown as counsel for the said respondents.
Present: Shri K.K. Mishra, learned counsel for the applicant,
Shri Mukund Tewari, learned Counsel for the respondents, and Capt.
Priti Tyagi, Departmental Representative.
Heard learned counsel for the applicant on this Original
Application.
It has been alleged by the applicant in this O.A. that he has
been convicted in SCM without there being any evidence against him
thereby reducing him from to ranks and dismissed from service.
The matter relates to a stolen scooter of Nursing Officer Maj.
Sulekha on 21.12.2010. An F.I.R. was lodged in this regard at P.S.
Sadar Bazar, Lucknow, and the applicant has been roped in, in the
case.
Learned counsel for the respondents, who has filed his memo of
appearance today, prays that some time be granted to him to prepare
the brief.
As prayed by learned counsel for the respondents, list this case
on 11.11.2014 before the appropriate Bench.
On the next date the original record of SCM proceedings shall
be produced by the respondents before this Court.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1539 of 2014
Smt. Savita Devi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant,
and Capt. Priti Tyagi, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
30.10.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1540 of 2014
Brahma Nand Chauhan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant,
and Capt. Priti Tyagi, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
29.10.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1562 of 2014
Muhammad Aasif Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant,
and Capt. Priti Tyagi, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
31.10.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1245 of 2014
Ajay Pal Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Smt. Mamta Pandey, learned counsel for the applicant,
and Capt. Priti Tyagi, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
29.9.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1252 of 2014
Shib Bahadur Gurung Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant,
and Capt. Priti Tyagi, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
27.10.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1253 of 2014
Sukhpal Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant, and
Capt. Priti Tyagi, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
28.10.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 280 of 2014 with M.A. No. 890 of 2014 & M.A. No. 1104 of 2014
Awdesh Kumar Yadav Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant, Shri
S.P. Tripathi, learned counsel for the respondents, and Capt. Priti
Tyagi, Departmental Representative.
Heard learned counsel for the applicant on this Misc.
Application No. 280 of 2014 for condoning the delay in filing the
Original Application.
As per office report, there is delay of 1 year, 7 months and 23
days in filing the Original Application.
The matter is discharge from service of the applicant.
Learned counsel for the respondents prays for and is granted
three weeks‟ time to file objection indicating therein the date of
discharge of the applicant, as pleaded in paragraph nos. 4.9 and 4.14 in
the Original Application.
List on 11.11.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 733 of 2014 with M.A. No. 933 of 2014
Paras Nath Tiwari Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant, Shri Ishraq
Farooqui, learned counsel for the respondents, and Capt. Priti Tyagi,
Departmental Representative.
This Misc. Application No. 733 of 2014 has been filed by the
applicant for condoning the delay in filing the Original Application.
As per office report, there is delay of 6 years, 6 months and 1 day in
filing the Original Application.
The matter pertains to disability pension.
We have gone through the application, supported with an affidavit,
for condoning the delay in filing the Original Application and the objection
filed by the respondents as well as reply to the objection filed by the
applicant.
The reasons shown in the affidavit filed along with the delay
condonation application seems to be genuine and justifiable to condone the
delay in filing the Original Application. Accordingly, the application is
allowed and the delay in filing the Original Application is hereby condoned
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 198 of 2014
Paras Nath Tiwari Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant, Shri Ishraq
Farooqui, learned counsel for the respondents, and Capt. Priti Tyagi,
Departmental Representative.
Heard.
Admit.
Counter affidavit may be filed within six weeks. Rejoinder affidavit,
if any, may be filed within two weeks thereafter.
List on 14.11.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1067 of 2014
Baiju Kumar NK Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Col. B.P. Singh (Retd.), learned counsel for the
applicant, Shri Ishraq Farooqui, learned counsel for the respondents,
and Capt. Priti Tyagi, Departmental Representative.
Learned counsel for the respondents states that objection to the
delay condonation application is almost ready and he has to file the
same after getting it sworn. Let him do so within two days.
As prayed, list on 14.10.2014 before the appropriate Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1084 of 2014
Bhagwati Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri D.C. Lohumi, learned counsel for the applicant, Ms.
Deepti Prasad Bajpai learned counsel for the respondents, and Capt.
Priti Tyagi, Departmental Representative.
Learned counsel for the respondents states that objection to the
delay condonation application is almost ready and she will file the
same before the Registry within two days. Let her do so after a serving
a copy of the same on learned counsel for the applicant, who may file
rejoinder affidavit within two weeks.
List on 16.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1250 of 2014 with M.A. No. 1251 of 2014
(Inre: T.A. No. 1179 of 2010)
Ram Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Rajesh Kumar on behalf of
respondents no. 1 to 6 is taken on record.
Present: Shri P.K. Shukla & Shri V.K. Pandey, learned counsel
for the applicant, Shri Rajesh Kumar, learned counsel for the
respondents, and Capt. Priti Tyagi, Departmental Representative.
Heard Shri V.K. Pandey, learned counsel for the applicant on
Misc. Application No. 1251 of 2014, filed under Section 31 of the
Armed Forces Tribunal Act, 2007.
This Misc. Application No. 1251 of 2014 for condoning the
delay in filing the application for leave to appeal has been filed by the
applicant.
As per office report, the application for leave to appeal is
delayed by 01 year, 06 months and 01 day.
As per provisions of Section 31(2) of the Armed Forces
Tribunal Act, 2007 an application to the Tribunal for leave to appeal to
the Supreme Court shall be made within a period of thirty days
beginning with the date of the decision of the Tribunal.
There is a specific rider under Section 31(2) of the Armed
Forces Tribunal Act which provides that “An appeal to the Supreme
Court shall lie with the leave of the Tribunal; and such leave shall not
be granted unless it is certified by the Tribunal that a point of law of
general public importance is involved in the decision, or it appears to
the Supreme Court that the point is one which ought to be considered
by that Court.”
The application itself is beyond time. Apart from it , while
going through the judgment against which leave to appeal has been
prayed we do not find any point of law of general public importance is
involved in the judgment for granting leave to file appeal before the
Hon‟ble Supreme Court.
Accordingly, we hereby reject Misc. Application No. 1251 of
2014 for condonation of delay.
Since the application for condonation of delay has been
rejected, in consequence thereof the application for leave to appeal is
also rejected. .
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 07 of 2014
Lt. Col. P. Vinay Kakkar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
26.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Smt. Deepti Prasad Bajpai, learned counsel for the
respondents, and Capt. Priti Tyagi, Departmental Representative.
On call of the case Shri A.K. Saxena, Advocate, appeared and
stated that Shri Rakesh Johri, learned counsel for the applicant is ill
and as such he has not come to this Court. Shri Saxena prays that the
case be adjourned.
Accordingly, the case is adjourned for the day.
As prayed, list on 21.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Dy. No. 1639 of 2014
Manoj Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari on behalf of
respondents Nos. 1 to 6 is taken on record. When the case is next
listed, his name be shown as counsel for the said respondents.
Present: Shri Shailendra Kumar Singh, learned counsel for the
applicant, Shri Mukund Tewari, learned counsel for the respondents,
and Capt. Priti Tyagi, Departmental Representative.
Shri Shailendra Kumar Singh, learned counsel for the applicant,
states that he intends to file application under Section 5 of the
Limitation Act. He, therefore, prays for and is granted a week‟s time
to file the same.
List on 8.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1243 of 2014
Gir Raj Tomar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Prakhar Kankan on behalf of
respondents Nos. 1 to 5 is taken on record. When the case is next
listed, his name be shown as counsel for the said respondents.
Present: Maj R.D. Singh (Retd), learned counsel for the
applicant, Shri Prakhar Kankan, learned counsel for the respondents,
and Major Narender Singh, Departmental Representative.
This Misc. Application No. 1243 of 2014 has been filed by the
applicant for condoning the delay in filing the Original Application.
As per office report, there is delay of 8 months and 5 days in
filing the Original Application.
However, while going through the Original Application and the
affidavit filed in support of the Original Application, we find that in
the affidavit the age of the applicant has not been mentioned therein
and the Original Application is based upon the affidavit itself.
Since the affidavit itself is defective, the Original Application
cannot be said to correct and entertainable in the eyes of law.
In any case, in the interest of justice, we hereby grant a week‟s
time to the applicant to file affidavit afresh in support of the Original
Application.
List on 10.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 195 of 2014
Sub B.S. Chandel Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Dileep Singh on behalf of
respondents Nos. 1 to 5 & 7 is taken on record. When the case is next
listed, his name be shown as counsel for the said respondents.
Present: Shri V.P. Pandey, learned counsel for the applicant, Shri
Dileep Singh, learned counsel for the respondents, and Capt. Priti
Tyagi, Departmental Representative.
Heard learned counsel for the parties on admission of this
Original Application.
Through this Original Application the applicant has prayed for
quashing of the order dated 30.6.2014 for attachment pending
disciplinary action. It also comes out that against the said order the
applicant has preferred an appeal dated 18.6.2014, by post, before the
Chief of the Army Staff.
Section 21(2)(b) of the Armed Forces Tribunal Act, 2007
provides that Application shall not ordinarily be admitted by this
Tribunal unless six months period expired after submission of appeal
before the competent authority.
We are, therefore, of the view that since the applicant has
preferred his appeal before the Chief of Army Staff, by post, only on
18.6.2014 and neither the appeal has been decided nor the period of
six months have expired from the date of receipt of the appeal by the
office of the Chief of the Army Staff, this Original Application has
prematurely been filed before this Tribunal.
As such without entering into the merits of the case, this
Original Application No. 195 of 2014, being premature, is dismissed
at the admission stage itself.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Ex. A. No. 35 of 2014
Inre O.A. No. 226 of 2013 & Ex.A. No.115 of 2013
Ram Pal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari on behalf of
respondents Nos. 1 to 3 is taken on record. When the case is next
listed, his name be shown as counsel for the said respondents.
Present: Shri S.K. Singh, learned counsel for the applicant, Shri
Mukund Tewari, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
Heard learned counsel for the parties on this Execution
Application No. 35 of 2014 preferred on behalf of the applicant, Ram
Pal, alleging therein that a great injustice has been done against him by
not complying the judgment and order passed in T.A. No. 1484 of
2010 as far back as on 8.10.2012 setting aside the conviction and
sentence of the applicant including dismissal from service and since
the aforesaid judgment was not implemented the applicant moved
representation before the respondents for his reinstatement, which was
disposed of by the respondents ignoring the aforesaid judgment of this
Tribunal passed in the aforesaid Transferred Application.
Consequently, the applicant preferred O.A. No. 226 of 2013 which
was disposed of on 5.8.2013 by this Tribunal with a speaking order
directing the respondents to decide the representation dated 21.1.2013
within three months from the date of the order.
It is also one of such unfortunate cases where we find that the
judgment passed by this Tribunal is not being implemented unless and
until execution application is filed.
Earlier also aggrieved against non-implementation of the
judgment and order dated 8.10.2012 passed in T.A. No. 1484 of 2010
Execution Application No. 115 of 2013 was filed by the applicant
which was disposed of vide order dated 13.5.2014, passed by this
Court. While disposing of the Execution Application No. 115 of 2013
the respondents stated that S.L.P. No. 8602 of 2014 had been preferred
by the respondents in the month of March, 2014 before the Hon‟ble
Supreme Court but no interim order was passed by the Hon‟ble
Supreme Court in the aforesaid S.L.P. As such, finding no other option
we disposed of the Execution Application No. 115 of 2013 observing
that “mere pendency of S.L.P. will not give the right to the
respondents not to implement the judgment and order passed by this
Tribunal.” and accordingly a direction was issued to the respondents
“to reinstate the applicant forthwith in view of judgment and order
passed by this Tribunal in T.A. No. 1484 of 2010 within a period of
two months from the date of production of a certified copy of this
order; of course subject to any further order passed, in the meantime,
by the Hon’ble Supreme Court.”
The above order was passed by this Court on 13.5.2014 in
Execution Application No. 115 of 2013, but neither the judgment of
this Court, passed in T.A. No. 1484 of 2010, nor the order dated
13.5.2014, passed in Execution Application No. 115 of 20123 has
been complied with.
Shri Mukund Tewari, learned counsel for the respondents,
prays for and is granted a week‟s time to obtain instruction with a note
that this Court is going to take serious view on the conduct of the
respondents for not complying the aforesaid judgment and order
passed in T.A. No. 1484 of 2010 and the order dated 13.5.2014,
p[assed in Execution Application No. 115 of 2013 and if the same are
not complied with, the concerned respondents shall be prepared to face
the consequences on the next date.
List this case on 9.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1246 of 2014
Inre O. A. No. 123 of 2011 with O. A. No. 40 of 2011
Girija Shankar Tiwari Applicant
Applicant in person
Versus
Union of India & Others
Respondents
By Legal Practitioner for Respondents
Notes of
the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Rajesh Kumar 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: Applicant, Girija Shankar Tiwari, in person and
Shri Rajesh Kumar, learned counsel for the respondents.
This Misc. Application No. 1246 of 2014 has been moved
by the applicant for correction of the order dated 10.7.2014,
passed by this Court, wherein the name of the applicant has been
shown as „Girish Shankar Tiwari‟ instead of „Girija Shankar
Tiwari‟.
While going through the Original Application we find that
the contention of the applicant is correct and the name of the
applicant, due to typographical error, has wrongly been
mentioned as „Girish Shankar Tiwari‟ instead of „Girija Shankar
Tiwari‟.
Accordingly, the application is allowed. It is hereby
observed that in the aforesaid order dated 10.7.2014 the name of
the applicant be read as ‘Girija Shankar Tiwari’ instead of
„Girish Shankar Tiwari‟.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Ex. A. No. 101 of 2013 with M.A. No. 615 of 2014
Inre O. A. No. 134 of 2011
Col P.L. Sharma Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri S.K. Verma, learned counsel for the applicant,
Shri R.S. Mishra, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
Heard learned counsel for the parties.
This Execution Application No. 101 of 2013 has been filed by
the applicant aggrieved against non-compliance of the judgment and
order dated 31.1.2013, passed by this Tribunal in O.A. No. 134 of
2011, by the respondents.
As it comes out that by the aforesaid judgment and order dated
31.1.2013 a direction was issued to the CDA(O), Pune, to release the
payment of Rs. 1,95,897/- with interest and post-retiral dues within
three months from the date certified copy of the order is issued, but
since the aforesaid judgment and order was not complied with, this
Execution Application as usual has seen the light of the day.
Learned counsel for the respondents, states that out of the sum
of Rs. 2,11,972/- which was withheld from the leave encashment
amount of Rs. 7,88,160/- due to the applicant and a sum of Rs.
1,95,897/- was adjusted from amongst the withheld amount and the
balance amount of Rs. 16,075/- was remitted to the account of the
applicant vide Cheque No. OF376467 dated 11.1.2012. Thereafter
after the aforesaid judgment and order of this Tribunal, out of the
withheld amount of Rs. 2,11,972/-, a sum of Rs. 1,95,897/- was
released in favour of the applicant, vide Cheque No. 378844 dated
13.6.2013. The balance amount of Rs. 16,075/- (Rs. 2,11,972/- minus
Rs.1,95,897) was already remitted to the account of the applicant vide
aforesaid cheque dated 11.1.2012. Therefore, according to the
respondents, no payment is withheld as on date.
To day the respondents have come up before this Court with a
crossed cheque of Rs. 15,672/- dated 25.9.2014 in the name of the
applicant towards interest part of the amount so withheld, as per
direction of this Tribunal in the aforesaid judgment and order dated
31.1.2013. The aforesaid cheque dated 25.9.2014 has been handed
over to learned counsel for the applicant by Shri R.S. Mishra, learned
counsel for the respondents, in Court. Learned counsel for the
respondents, therefore, submits that the aforesaid judgment and order
dated 31.1.2013 has been fully complied with.
We are satisfied with respect to the compliance of the aforesaid
judgment and order dated 31.1.2013 in its letter and spirit.
Accordingly, Execution Application No. 101 of 2013 stands
disposed of finally.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Ex. A. No. 10 of 2014
Inre T. A. No. 1002 of 2010 with M.A. No. 799 of 2014
Shri Nath Shukla Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others
Respondents
By Legal Practitioner for Respondents
Notes of
the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.N. Chaturvedi, learned counsel for the
applicant, Shri Mukund Tewari, learned counsel for the
respondents, and Capt. Priti Tyagi, Departmental Representative.
Shri Mukund Tewari, learned counsel for the
respondents, informs this Court that certain papers have been sent
to the applicant which need to be filled in and signed by the
applicant before implementing the judgment and order dated
23.8.2013, passed by this Tribunal in T.A. No. 1002 of 2010.
Shri P.N. Chaturvedi, learned counsel for the applicant,
on the basis of instruction received by him from his client, admits
receipt of those papers and accordingly those papers were
returned to the respondents duly filled in and signed by the
applicant in the month of August, 2014.
Shri Mukund Tewari, learned counsel for the
respondents, prays for and is granted four weeks‟ time to
complete the necessary formalities and to implement the
aforesaid judgment and order dated 23.8.2013 in its letter and
spirit.
List on 5.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Ex. A. No. 11 of 2014 with M.A. No. 1197 of 2014
Inre T. A. No. 297 of 2010
Havaldar Yadav Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.N. Chaturvedi, learned counsel for the applicant,
Mrs. Veera Bahadur Srivastava, learned counsel for the respondents, and
Major Narender Singh Departmental Representative.
Learned counsel for the respondents states that the judgment and
order dated 30.7.2013, passed by this Tribunal in T.A. No. 297 of 2010, has
been complied with.
Shri P.N. Chaturvedi, learned counsel for the applicant, opposes
the statement made by learned counsel for the respondents and prays time to
file objection, in the form of an affidavit, mentioning therein that the
aforesaid judgment and order dated 30.7.2013, passed by this Tribunal, has
not yet been complied with. He may do so by the next date of listing.
As prayed, list on 30.10.2014.
The applicant is directed to remain present in Court on the next
date.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 527 of 2014
Raja Ram Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
25.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Smt. Prashansha Singh, learned counsel for the
applicant, and Shri Rajesh Kumar, learned counsel for the
respondents.
Heard learned counsel for the applicant on this Misc.
Application No. 527 of 2014 for condoning the delay in filing the
Original Application.
We have carefully gone through the application as well as
the Original Application, filed by the applicant, Raja Ram, after
having aggrieved against his non-induction in the services of Indian
Army. In the Original Application the applicant has prayed that the
respondents be directed to issue appointment order in favour of the
applicant for the post of Soldier GD Entry.
After going through the Original Application we are of the
view that the case of the applicant does not fall within the parameter of
Section 2 of the Armed Forces Tribunal Act, 2007 since the applicant
has not yet been inducted into the military services.
Accordingly, this Original Application, which is yet to be
registered after condoning the delay in filing the Original Application,
as prayed by the applicant before this Court through Misc. Application
No. 527 of 2014, is dismissed at the admission stage as not
maintainable along with Original Application.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1237 of 2014
Mrs. Poonam Tomar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
24.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Ms. Deepti Prasad Bajpai on behalf
of respondents no. 1 to 4 is taken on record. When the case is next
listed, her name be shown as counsel for the said respondents.
Present: Shri A.K. Singh, learned counsel for the applicant, Ms.
Deepti Prasad Bajpai, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
This Misc. Application No. 1237 of 2014 has been filed by the
applicant for condoning the delay in filing the Original Application.
As per office report there is delay of 13 years, 10 months and
10 days in filing the Original Application.
Learned counsel for the respondents prays for and is granted six
weeks‟ time to file objection to the delay condonation application.
List on 11.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 581 of 2014
Hav. Awadhesh Kumar Pathak Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
24.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.P. Pandey, learned counsel for the applicant, Ms.
Deepti Prasad Bajpai, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
Learned counsel for the applicant prays for and is granted two
weeks‟ further time to comply the order dated 15.5.2014, passed by
this Court.
List on 12.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 602 of 2014 with M.A. No. 818 of 2014 & M.A. No. 1240 of 2014
Rajendra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
24.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chaubey, learned counsel for the applicant, Shri
Dileep Singh, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
As prayed by learned counsel for the applicant, list this case on
9.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1063 of 2014
Naik Roopendra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
24.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant, Shri
D.S. Tiwari, learned counsel for the respondents, and Major Narender
Singh, Departmental Representative.
Learned counsel for the respondents prays for and is granted
two weeks‟ further time to file objection to the delay condonation
application.
List on 03.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 109 of 2014
Mukesh Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
24.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chandra, learned counsel for the applicant, Shri
Ishraq Farooqui, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
Learned counsel for the respondents prays for and is granted
three weeks‟ further time and no more to file counter affidavit.
List on 10.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 986 of 2010
Rajeer Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
24.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Bachchan Singh, learned counsel for the applicant,
and Major Narender Singh, Departmental Representative.
Learned counsel for the applicant prays for and is granted four
weeks‟ further time to enable him to file amendment application.
List on 28.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1234 of 2014
(Inre: O.A. No. 126 of 2014)
Sunan Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Rahul Mishra, learned counsel for the applicant,
and Capt. Priti Tyagi, Departmental Representative.
Heard learned counsel for the applicant on Misc. Application
No. 1234 of 2014 for recall of the order of this Court dated 22.8.2014,
dismissing Misc. Application No. 692 of 2014 for non-prosecution.
The reasons shown in the affidavit filed along with Misc.
Application No. 1234 of 2014 for non-appearance on 22.8.2014 seem
to be genuine. Accordingly, the order dated 22.8.2014 is hereby
recalled and Misc. Application No. 692 of 2014 is restored to its
original number.
List for orders on 1.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Ex. A. No. 65 of 2013
(Inre: T.A. No. 1276 of 2010)
Aditya Narain Sharma Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.K. Shukla, Advocate, holding brief of J.N.
Mishra, learned counsel for the applicant, Ms. Veera Bahadur
Srivastava, learned counsel for the respondents, and Major Narender
Singh, Departmental Representative.
Ms. Veera Bahadur Srivastava, on the basis of instruction
received, states that the judgment is under compliance and it has
almost been complied with.
Two weeks‟ time is, therefore, granted to the respondents to
bring on record, by means of an affidavit, that the judgment under
execution has been complied with.
List on 27.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 296 of 2013
Maj Prasant Gupta Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Rajiv Manglik and Shri Rakesh Johri, learned
counsel for the applicant, Shri D.S. Tiwari, learned Standing Counsel,
and Major Narender Singh, Departmental Representative.
Major Narender Singh, On the basis of instruction received by
him, states that the Medical Board has been conducted on 19.7.2014
and the applicant has been upgraded to Shape-I, but the original
Medical Board proceedings are awaited at the office of DGAFMS. He
also states that on receipt of the original Medical Board proceedings
the letter for granting Commission to the applicant will be issued.
On this, Shri Rajiv Manglik, learned counsel for the applicant,
states that the matter be listed after two months to enable the
respondents to reach to a final conclusion.
List on 9.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 297 of 2013
Pradeep Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.P. Pandey, Advocate, holding brief of Shri
Nishant Verma, and Major Narender Singh, Departmental
Representative.
Shri V.P. Pandey states that Shri Nishant Verma, learned
counsel for the applicant, has not come to this Court today. He,
therefore, prays that the case be adjourned.
As prayed, this case is adjourned for the day.
List on 11.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 105 of 2013
Barjinder Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri R. Chaubey, learned counsel for the applicant, Shri
Dileep Singh, learned counsel for the respondents, and Major
Narender Singh, Departmental Representative.
Major Narender Singh states that in view of direction of this
Court dated 5.9.2014 he tried to obtain instruction but he has not yet
received any instruction with respect to the outcome of the statutory
complaint of the applicant. He, therefore, prays for and is granted two
weeks‟ further time and no more to obtain instruction.
List on 5.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 571 of 2010
Bhanwar Pal Singh Applicant
By Legal Practitioner for Applicant
Versus
Chief of Air Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Col. Ashok Kumar (Retd.) & Shri Rohit Kumar, learned
counsel for the applicant, Shri B.P.S. Chauhan, learned counsel for the
respondents, and Major Narender Singh, Departmental Representative.
Heard learned counsel for the parties.
In this case the applicant has challenged the SCM proceedings
on the ground that the provisions of Section 116(2) of the Army Act
has not been followed since in the aforesaid proceedings two officers,
viz. JCO as well as other officer needs to attend but they have not, as
such the entire SCM proceedings are vitiated.
Learned counsel for the applicant submits that on 12.7.2002
when the SCM proceedings were initiated only one officer viz. Capt.
Subeer Seth was present but the second officer, who ought to have
been present in view of Section 116(2) of the Army Act was not
present, as such the entire SCM proceedings vitiated under the
provisions of Section 116(2) of the Army Act.
Let an affidavit by a responsible officer, who is conversant with
the facts of the case, be filed by the respondents specifically indicating
therein that on the aforesaid date who are two officers who were
present in the SCM proceedings on 12.7.2002.
List on 18.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 572 of 2010 alongwith T.A. No. 571 of 2010
H.C.S. Rautela Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List on 18.12.2014 along with T.A.. No. 571 of 2010.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 633 of 2010
Upendra Singh Chauhan Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List on 18.12.2014 along with T.A.. No. 571 of 2010.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 635 of 2010
Anil Joshi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
23.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List on 18.12.2014 along with T.A.. No. 571 of 2010.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 336 of 2014 with M.A. No. 667 of 2014
Umendra Prasad Rai Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.N. Chaturvedi, learned counsel for the applicant,
and Major Narender Singh, Departmental Representative.
Shri P.N. Chaturvedi states that he intends to file rejoinder
affidavit and prays ten days‟ further time to file the same.
Time prayed for is granted.
List on 5.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1066 of 2014
Basant Kumar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri A.K. Singh, learned counsel for the applicant, Shri
Dileep Singh, learned Standing Counsel and Major Narender Singh,
Departmental Representative.
Learned Standing Counsel prays for and is granted two weeks
and no more time to file objection to the delay condonation
application, filed by the applicant.
List on 7.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 694 of 2014 with M.A. No. 1034 of 2014
Santosh Kumar Tiwari Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Sudhir Kumar Singh, learned counsel for the
applicant, Shri Ishraq Farooqui, learned Standing Counsel and Major
Narender Singh, Departmental Representative.
Learned Standing Counsel prays for and is granted further two
weeks‟ time to file objection to the delay condonation application.
List on 11.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 163 of 2013
Radhey Shyam Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri V.K. Pandey, learned counsel for the applicant, Shri
Ishraq Farooqui, learned Standing Counsel and Major Narender Singh,
Departmental Representative.
A prayer has been made in this Original Application by the applicant
that the respondents be directed to implement the Government Instructions
and release the entitled pension with arrears from 1.1.2006 to the applicant
as Hony. Naib Subedar. This honorary rank is conferred to a Havildar, after
his retirement.
Shri Ishraq Farooqui, learned Standing Counsel, assisted by Major
Narender Singh, Departmental Representative, states that the matter is
pending before the Hon‟ble Supreme Court for reviewing the earlier order,
passed by the Hon‟ble Supreme Court.
Bunch of such cases are pending before this Court to be taken up
after final decision of the Hon‟ble Supreme Court.
With the consent of the parties, list this case along with the bunch of
cases, already pending disposal, after decision of the Hon‟ble Supreme
Court.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 296 of 2013
Maj Prasant Gupta Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Rakesh Johri, learned counsel for the applicant and
Major Narender Singh, Departmental Representative.
On the request made by Shri Rakesh Johri, list/put up this case
tomorrow, i.e. on 23.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 92 of 2014
Sep Kishan Kumar Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri Rohit Kumar, learned counsel for the applicant, Shri
Ashutosh K. Srivastava, learned Standing Counsel.
Learned counsel for the applicant states that rejoinder affidavit
is almost ready. He, therefore, prays two weeks‟ further time to file the
same.
As prayed, two weeks‟ further time is granted to learned
counsel for the applicant to file rejoinder affidavit.
List on 12.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 65 of 2010
Ganesh Babu K.V. Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Present: Shri P.N. Chaturvedi, learned counsel for the applicant, Shri
Mukund Tewari, learned Standing Counsel and Major Narender Singh,
Departmental Representative.
Heard learned counsel for the parties.
The point in issue raised by learned counsel for the applicant during
the course of hearing is that in the DCM proceedings Rule 22, 23 and 24 of
the Army Rules have not been complied with and the foundation of the
DCM proceedings are vitiated. He further submits that in case his argument
on the point of DCM proceedings not being conducted as per Rules 22, 23
and 24 of the Army Rules is accepted then he intends to press charge no. 1
for which he has been convicted, i.e. of desertion.
Shri Mukund Tewari, learned Standing Counsel, shall look into the
points to argue the case on the next date of listing.
List for further hearing on 26.11.2014.
Shri P.N. Chaturvedi states that as per direction of this Court the
applicant is present today in person before this Court. Let his attendance be
noted.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 80 of 2012
M. Thangarajan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
22.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Allowed.
. For judgment and order see our judgment and order of date
passed on separate sheets.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1324 of 2014
Ashish Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
16.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Ms. Deepti Prasad Bajpai
respondents no. 1 and 2 is taken on record.
Heard Ms. Ruby Chaudhary, learned counsel for applicant and
learned Standing Counsel with respect to admission of this
application.
Admittedly, the applicant appeared in some examination held
by the Army Recruitment Office, Meerut Cantt. In August, 2013 for
recruitment as SOLGD. It comes out from the application that some
dispute had arisen with respect to his pre-enrolment test and also with
respect to mode of selection and as per averments it comes out that he
has not been afforded opportunity to join his duties.
An objection has been raised by learned counsel for the
respondents with regard to maintainability of this application before
this Tribunal in view of the provisions of Section 2 of the Armed
Forces Tribunal Act, 2007 since the applicant has not yet been
inducted in the Army and is not an Army personnel.
An objection has also been raised by the Registry of this Court
that this petition is not maintainable before the Armed Forces
Tribunal, although learned counsel for the applicant has moved an
application to the effect that this application is no doubt not
maintainable before this Tribunal but for filing a writ petition before
the Hon‟ble High Court a rejection order is needed from this Court.
In view of above, since the applicant does not fall within the
parameter of the Armed Forces Tribunal Act, 2007, this Original
Application (DY-No. 1324 of 2014 is not maintainable before the
Armed Forces Tribunal. It is, accordingly, dismissed at the admission
stage.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 782 of 2014
Alam Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
16.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard learned counsel for the applicant and learned Standing
Counsel on this Misc. Application No. 782 of 2014.
Learned counsel for the respondents prays for and is granted
three weeks‟ time to file objection on the application for condoning
the delay in filing the Original Application, moved by the applicant.
List on 10.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 893 of 2014
Shital Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
16.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard learned counsel for the applicant and learned Standing
Counsel on this Misc. Application No. 893 of 2014.
The matter relates to rounding of disability pension.
Learned counsel for the respondents prays for and is granted
three weeks‟ time to file objection on the application for condoning
the delay in filing the Original Application, moved by the applicant.
List on 10.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 06 of 2014
Sepoy Ramesh Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
16.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri Yash Pal Singh has filed power on behalf of the applicant and
states that this case has come up before this Court after a long travel from
Jharkhand High Court via Armed Forces Tribunal, Kolkata Bench, and
thereafter after on an order passed by the Hon‟ble Chairperson of this
Tribunal.
Shri Yash Pal Singh, learned counsel for the applicant, states that
while he was going through the Writ Petition (S) No. 4841 of 2008, filed
before the Jharkhand High Court, and thereafter renumbered by the Registry
of this Court as Transferred Application No. 1324 of 2014, he realised that
some amendments in the petition are needed and, as such, he intends to file
an amendment application. He, therefore, prays for and is granted four
weeks‟ time to file amendment application.
On the next date learned counsel for the applicant is also to satisfy this
Court with respect to availing alternative remedy provided under the Armed
Forces Tribunal Act, 2007.
List on 3.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 187 of 2014
Santhil Raju B Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Ms. Deepti Prasad Bajpai on behalf of
respondents no. 1 to 5 is taken on record. When the case is next listed, her
name be shown as counsel for the said respondents.
On call of the case a person claiming himself to be Santhil Raju B,
applicant, appeared and stated that his counsel Shri I.P. Yadav has not come
this Court today. He, therefore, prays for adjournment of the case.
Accordingly, the case is adjourned for the day.
Meanwhile, while going through the Original Application we found
that the applicant is resident of Tamil Nadu and he was dismissed from
service at Hyderabad. We are astonished as to how this Original Application
has been filed before the Lucknow Bench of this Tribunal, which has no
jurisdiction to entertain this Original Application.
List on 31.10.2014. The matter of jurisdiction will be taken into
consideration on that date.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4 [See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 752 of 2014
Ravi Singh Thakur Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel prays for and is granted four weeks‟
further time to file objection to the delay condonation application.
List on 29.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1188 of 2014 with M.A. No. 1189 of 2014
(Inre: M.A. No. 249 of 2014)
Sukhdev Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Rajesh Kumar on behalf of
respondents no. 1 to 5 is taken on record.
Heard learned counsel for the applicant and learned Standing
Counsel.
Shri R. Chandra, learned counsel for the applicant, while
moving Misc. Application No. 1189 of 2014 for leave to appeal before
the Hon‟ble Supreme Court relating to the judgment and order dated
24.7.2014, rendered by this Tribunal in Review Application No. 11 of
2014 (Inre: M.A. No. 249 of 2014), prays that the delay in filing the
application for leave to appeal be condoned and leave be granted.
As per office report, there is delay of 5 months and 4 days in
filing the application for leave to appeal.
The reasons shown for the delay in filing the application for
leave to appeal are not acceptable and also since the application has
been filed beyond the period of limitation as prescribed under Section
31(2) of the Armed Forces Tribunal Act, 2007. Apart from it, learned
counsel for the applicant conceded that the application for leave to
appeal, filed beyond the period of limitation, is not maintainable.
Accordingly, Misc. Application No. 1188 of 2014 to condone
the delay in filing the application for leave to appeal is rejected.
Since the delay condonation application has already been
rejected, Misc. Application No. 1189 of 2014 for leave to appeal is,
accordingly, rejected.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1190 of 2014
(Inre: M.A. No. 894 of 2014, M.A. No. 895 of 2014 & T.A. No. 100 of 2011)
Chandan Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
This Misc. Application No. 1190 of 2014 has been filed by the
applicant for recall of the order dated 14.8.2014, passed by this Bench,
dismissing Misc. Applications No. 894 of 2014 and 895 of 2014 for
non-prosecution.
The reason shown in paragraph no. 5 of the affidavit
accompanying Misc. Application No. 1190 of 2014 seems to be
genuine. Accordingly, the order dated 14.8.2014 is hereby recalled and
both Misc. Applications No. 894 of 2014 and 895 of 2014 are restored
to its original number.
List for orders before the Court concerned on 30.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 896 of 2014 with M.A. No. 900 of 2014
Shevendra Kumar Chauhan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case a person claiming himself to be Shevendra
Kumar Chauhan, applicant, appeared and stated that his counsel Shri
P.N. Chaturvedi has not come to this Court. He, therefore, prays for
adjournment. Accordingly, the case is adjourned for the day.
As prayed, list on 3.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 108 of 2014 with M.A. No. 547 of 2014
Bansh Raj Pal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel prays for and is granted six weeks‟
further time to file counter affidavit.
List on 12.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 1052 of 2010
P.N. Mishra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned counsel for the applicant is not prepared with the brief.
As prayed, list on 29.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 106 of 2011
Ramji Gautam Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel prays for and is further granted, as a
matter of last opportunity, ten days and no more to file counter
affidavit to the amended Transferred Application.
List on 29.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 29 of 2010
Shiv Shankar Singh Sengar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Rakesh Johri, learned counsel for the applicant, Shri
R.S. Mishra, learned Standing Counsel and Major Narender Singh,
Departmental Representative.
Through this Original Application the applicant is claiming
promotion from the post of Havildar to Naib Subedar since he was
qualified for the post of Naib Subedar on 2.12.2006 but he was not
promoted on the post of Naib Subedar upto 1.8.2007 when he became
disqualified for promotion just for the reason that he was overage on
the said date, i.e. on 1.8.2007.
The submission of learned counsel for the applicant is that had
the applicant would have been promoted on the date when he was
qualified for promotion on the post of Naib Subedar, i.e. on 2.12.2006,
after implementing the existing policy on the said date, he would have
become Naib Subedar.
On the contrary, learned Standing Counsel , Shri R.S. Mishra,
submits that since there was no vacancy existing for the post of Naib
Subedar on 2.12.2006 and upto 1.8.2007, as such the applicant‟s
candidature could not be considered on the post of Naib Subedar.
The respondents are, therefore, directed to file an affidavit of
AOC (Records) within three weeks showing therein the vacancies of
Naib Subedar which existed from 2.12.2006 to 1.8.2007 and also to
indicate as to whether any person junior to the applicant was ever
promoted during the period from 2.12.2006 to 1.8.2007 on the post of
Naib Subedar or not.
List on 30.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 356 of 2012 with M.A. No. 487 of 2013 & M.A. No. 783 of 2013
Ranjodh Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
15.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Lalit Kumar, learned counsel for the applicant, at
some length.
This appeal under Section 15 of the Armed Forces Tribunal
Act, 2007 (call the „Act‟ for short) has been preferred by the applicant
after being convicted in GCM.
A preliminary objection has been raised by Shri Mukund
Tewari, learned Standing Counsel, on the admission of the present
appeal against GCM on the ground that the applicant has not availed
the alternative remedy provided under Section 164 of the Army Act
and since there being a specific bar under Section 21 of the Act, this
appeal directly under Section 15 of the Act cannot be entertained.
On the objection so raised by learned Standing Counsel,
learned counsel for the applicant stated that it is not required to avail
the alternative remedy provided under Section 21 of the Act before
filing appeal under Section 15 of the Act. He also cited a judgment
passed by the Full Bench of the Principal Bench of this Tribunal on
19.10.2010 in Original Application No. 471 of 2010 (Ex-Hav.
Parmeshwar Ram v. Union of India & others) emphasising upon this
Court that availing alternative remedy before coming to this Tribunal
is not absolute bar and appeal under Section 15 of the Act can be
entertained by this Court ignoring Section 21 of the Act. It has further
been argued by Shri Lalit Kumar that there is no need to avail the
remedy as provided under Section 21 of the Act vis-à-vis by a post-
confirmation petition under Section 164 of the Army Act.
Shri Mukund Tewari, learned Standing Counsel, prays that he
intend to prepare the brief on the subject to argue the matter
contradicting the arguments of learned counsel for the applicant that
the applicant has to avail the remedy as provided under Section 21 of
the Act in view of law laid down by the Hon‟ble apex Court with
respect to availing of alternative remedy and it cannot be said to be an
absolute bar.
Let learned Standing Counsel cite the case law on the subject
on the next date.
List on 18.11.2014.
Shri Lalit Kumar, learned Counsel for the applicant, prays that
he be permitted to to correct the date, mentioned in the prayer clause,
as 16.8.2012 instead of 16.8.2011. He may correct the said
typographical error during the course of the day.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 749 of 2014
(Inre: Ex.A. No. 96 of 2013 & T.A. No. 899 of 2010)
Dev Lal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 15.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
Ex. A. No. 11 of 2014
(Inre: T.A. No. 297 of 2010)
Havaldar Yadav Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 19.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 455 of 2013
Jagat Pal Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 16.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 149 of 2013 with M.A. No. 835 of 2014
Smt. Munni Devi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 17.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 229 of 2013
Smt. Ropa Devi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 30.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 145 of 2013
Satendra Singh Pal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 11.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 13 of 2010
Mohan Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
12.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Case called out. It has been informed by the Bench Secretary of this
Court that the Bar Association of the Armed Forces Tribunal, Lucknow
Bench, has passed a resolution that the Advocates will abstain from judicial
work today in support of call of U.P. Bar Council. A resolution of the AFT
Bar Association has also been circulated in this regard.
Since the Advocates are abstaining judicial work today , the case is
adjourned for the day.
List on 12.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 820 of 2010
Anil Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Dismissed.
For judgment and order see our judgment and order of date passed
on separate sheets.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1164 of 2014
Ganesh Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Devendra Kumar 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.
This Misc. Application No. 1164 of 2014 has been filed by the
applicant for condoning the delay in filing the Original Application.
As per office report, there is delay of 8 years, 8 months and 8 days in
filing the Original Application.
Learned counsel for the respondents prays for and is granted three
weeks‟ time to file objection. Rejoinder affidavit, if any, may be filed within
two weeks thereafter.
List on 27.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 679 of 2014 with M.A. No. 670 of 2014
(Inre: M.A. No.1088 of 2013, 1089 of 2013 & T.A. No. 1053 of 2010)
Pitambar Datt Nainwal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned counsel for the applicant states that as per order dated
29.5.2014, passed by this Court, he has already deposited Rs. 1,000/- in the
Bar Association of this Tribunal, but could not obtain the receipt. He
submits that the receipt of Rs. 1,000/- will be produced before the Registry
of this Court before the next date of listing.
As prayed, list on 31.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 659 of 2013
Surendra Dutt Nautiyal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel states that he has just received the
comments. He prays for and is granted two week‟s further time and no more
to file counter affidavit.
The matter relates to disability pension.
List on 1.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 140 of 2014
Vijay Shankar Tewari Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel prays for and is granted, as a matter of
last opportunity, further three weeks‟ time and no more to file counter
affidavit.
List on 9.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1073 of 2014
Mehboob Khan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Inspite of the order dated 4.9.2014, learned counsel for the applicant
has not cared to make good the deficiency reported by the Registry of this
Court on 21.7.2014. We had afforded opportunities to learned counsel for
the applicant on 24.7.2014, 14.8.2014 and 4.9.2014 to make good the
deficiency even on his own request to make good the deficiency but even
then the orders of this Court was not complied with. It seems that neither
the applicant nor his counsel is interested in pursuing the case.
Accordingly, this Original Application (DY-No. 1073 of 2014) is
dismissed.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1275 of 2014
Ajay Kumar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Prakhar Kankan on behalf of
respondents no. 1 to 4 is taken on record.
List has been revised. No one appears for the applicant.
The Registry of this Court had pointed out the defects vide its report
dated 10.9.2014 but the defects have not yet been removed by learned
counsel for the applicant. It seems that learned counsel for the applicant is
not interested in pursuing the remedy.
Accordingly, this Original Application (DY-No. 1275 of 2014) is
dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1285 of 2014
Mahendra Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari 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.
On call of the case Shri R. Chandra, Advocate, states that Shri H.S.
Sharma, learned counsel for the applicant, has not come to this Court and
prays for adjournment. Accordingly, the case is adjourned for the day.
List on 27.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 127 of 2009 with M.A. No. 1166 of 2014
Kumar R Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Shailendra Kumar Singh, learned counsel for the
applicant, and Shri Anand Kumar Singh, learned counsel for the
respondents.
This Writ Petition No. 6651 (S/S) OF 1999 has come on transfer
from the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow,
and re-numbered as Transferred Application No. 127 of 2009.
By this writ petition the petitioner, who was Sergeant in the Air
Force, has challenged the order dated 12.10.1998 (Annexure No. „I‟ to the
writ petition) and prays that the said order dated 12.10.1998 be quashed.
It has come out from the record that the petitioner was discharged
from service with effect from 21.12.1999.
In this case counter, rejoinder, supplementary counter and
supplementary rejoinder affidavit have also been exchanged.
We have gone through the record of the case. It reveals that after
filing of the writ petition before the Hon‟ble High Court, he obtained a stay
order from the High Court on 23.12.1999 with respect to his discharge from
service, but, subsequently, the aforesaid stay order was vacated on 6.4.2004.
It comes out from the record that after vacation of the interim order
the aforementioned impugned order dated 12.10.1998 was cancelled and the
order dated 1.6.2004 was passed by the respondents discharging the
applicant from service. This order has not been challenged by the applicant
yet, although in the amendment application, moved by the applicant and
allowed by this Court, the applicant only prayed for amendments in the
nature that the respondents be directed to count the service of the petitioner
rendered by him upto 21.6.2004 treating him promoted to the rank of JWO
with effect from the date junior to the petitioner has been promoted on the
said post with all consequential benefits of service and to revise the pension
of the petitioner treating him in service upto 21.6.2004.
In view of above, it comes out that the petitioner did not challenge
the discharge order dated 1.6.2004, passed after withdrawing the order dated
12.10.1998, which is under challenge till date. The said order dated
12.10.1998, after its withdrawal, is no more in existence and there is no
prayer challenging the order dated 1.6.2004, thus this petition has now
become infructuous.
Accordingly, this Transferred Application No. 127 of 2009 is
dismissed as infructuous, without any order as to costs.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 30 of 2010
Ata Ullah Khan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
11.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
This Transferred Application has not yet been admitted.
List this Transferred Application for „admission‟ and not for
„hearing‟ on 30.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1150 of 2014
Rajesh Kumar Rao Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Ms. Veera Bahadur Srivastava on
behalf of respondents no. 1 to 5 is taken on record. When the case is next
listed, her name be shown as counsel for the said respondents.
This Misc. Application No. 1150 of 2014 has been filed by the
applicant for condoning the delay in filing the Original Application.
As per office report, there is delay of 7 months and 1 day in filing the
Original Application.
Learned counsel for the respondents prays for and is granted three
weeks‟ time to file objection.
List on 27.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1116 of 2014 with Ex. A. No. 104 of 2013
Mithilesh Kumar Singh Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Rohit Kumar, learned counsel for the applicant, and Ms.
Veera Bahadur Srivastava, learned Standing Counsel.
Learned Standing Counsel points out that in the details of remedies
exhausted by the applicant, as mentioned in the Original Application, the
date 6.8.2012 has been wrongly mentioned. According to her, it ought to
have been 6.3.2010. Learned counsel for the applicant, realising the mistake,
sought permission to correct the date as 6.3.2010. As prayed, learned
counsel for the applicant is permitted to do so during the course of the day.
As per office report there is delay of 1 year, 8 months and 29 days in
filing the Original Application.
Learned counsel for the applicant argues that there is no delay in
filing the original application since the order dated 3.5.2012 was not served
on the applicant and it only came to the notice of the applicant on 5.2.2014
when the respondents filed counter affidavit in Execution Application No.
104 of 2013. On the other hand, learned Standing Counsel submits that the
order dated 3.5.2012 was served on the applicant well in time.
Learned Standing Counsel prays for and is granted three weeks‟ time
to file objection indicating therein when the order dated 3.5.2012 rejecting
the petition of the applicant was served upon the applicant. The respondents
are also directed to produce the record about service of the order dated
3.5.2012 on the applicant on the next date.
List on 7.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1151 of 2014 with DY-No. 1305 of 2014
Abhilash Kumar & Others
Applicants
By Legal Practitioner for Applicants
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
This Misc. Application No. 1151 of 2014 has been filed for
recall of the order dated 26.8.2014 dismissing DY-No. 1305 of 2014
for non-prosecution.
The reasons shown in the affidavit, filed along with the
application, seem to be genuine. Accordingly, the order dated
26.8.2014 is hereby recalled.
DY-No. 1305 of 2014.
Heard learned counsel for the applicant on this Original
Application. The Original Application has been filed by the applicant
praying therein that the selection proceedings dated 13.3.2012 relating
the selection of the applicants for appointment in the Army, whereby
they were held to be ineligible with respect to selection on the post, be
quashed.
A preliminary objection has been raised by learned Standing
Counsel that the case of the applicants do not fall within the parameter
of Section 2 of the Armed Forces Tribunal Act, 2007.
Looking to the objection raised by the respondents and the fact
that the applicants have not yet been inducted in the role of the Army
this case does not fall within the parameter of Section 2 of the Act.
Accordingly, this Original Application (DY-No. 1305 of 2014) is
dismissed at the admission stage itself.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1152 of 2014
(Inre: O.A. No. 288 of 2012)
Shib Bahadur Gurung Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
This Misc. Application No. 1152 of 2014 has been filed for recall of
the order dated 22.8.2014 dismissing the Original Application No. 288 of
2012 for non-prosecution.
The reasons shown in the affidavit filed along with the recall
application seem to be genuine. Accordingly, the order dated 22.8.2014 is
hereby recalled. The Original Application is restores to its original number.
List for orders before the Court concerned on 1.10.2014.
When the case is next listed, the name of Shri V.K. Pandey be shown
as counsel for the applicant.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 110 of 2014
Pratap Singh Applicant
In Person
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
It comes out from the record that this Original Application has
already been admitted. The applicant is aged about 84 years old and through
this Original Application he prays that the respondents be directed to
sanction him Reservist Pension from 16.2.1964. However, inspite of time
being granted no counter affidavit has been filed as yet.
Learned Standing Counsel again prays for and is granted two weeks‟
time and no more to file counter affidavit. It is made clear that if no counter
affidavit is filed by the next date, the Original Application will be disposed
of finally.
List on 30.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 330 of 2014
Prabhu Lal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel prays for and is granted three weeks‟
further time to file objection to the delay condonation application after
serving a copy of the same on learned counsel for the applicant, who may
file rejoinder affidavit, if any within one week thereafter.
List on 1.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 190 of 2013
Jai Prakash Yadav Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri R.K. Gautam, learned counsel for the applicant, prays for and is
granted three weeks‟ time to file rejoinder affidavit.
List on 18.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 255 of 2013 with M.A. No. 526 of 2014 & M.A. No. 789 of 2014
Shailendra Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri R. Chaubey, learned counsel for the applicant, prays for and is
granted two weeks‟ time to file amended copy of the Original Application,
as ordered by this Court on 20.8.2014.
List on 17.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 267 of 2013
Kitab Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri K.K. Mishra, learned counsel for the applicant, prays for and is
granted three weeks‟ time to file rejoinder affidavit.
List on 8.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 50 of 2013 with M.A. No. 638 of 2014
G.C. Agarwal Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
As usual a request has been made by Major Narender Singh,
Departmental Representative, that further time be granted to file a detailed
counter affidavit, as directed by this Court on 28.4.2014 Thereafter on
29.5.2014 and 22.8.2014 the respondents sought time to file counter
affidavit. Today again the same request has been made. However, as a
measure of last opportunity, a week‟s further time is granted to the
respondents to file counter affidavit. It is made clear that no further time will
be granted to the respondents to file counter affidavit and if no counter
affidavit is filed by the next date this Court will consider for staying the
recovery process against the applicant made by the respondents
List on 19.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 135 of 2010
Smt. Jyoti Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
10.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey, Advocate, appeared and
stated that Shri P.N. Chaturvedi, learned counsel for the applicant, has not
come to this Court today since one of his relatives is not well. He prays that
the case be adjourned. Accordingly, this case is adjourned for the day.
As prayed, list on 9.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1148 of 2014
Leelavati Soni Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Prakhar Kankan on behalf of
respondents no. 1 to 4 is taken on record.
Heard Shri O.P. Kushwaha, learned counsel for the applicant, and
Shri Prakhar Kankan, learned counsel for the respondents.
This Misc. Application No.1148 of 2014 for condoning the delay in
filing the Original Application praying for appointment of the applicant
under the provisions of Dying in Harness Rules in the Air Force.
As it comes out, the husband of the applicant, Late Raj Kumar, who
was employed in the Indian Air Force, died on 6.3.2005 while in service. At
that time Late Raj Kumar was posted at Kolkata. The applicant, being his
wife, has applied for appointment in the Air Force under the provisions of
the Dying in Harness Rules. Her candidature was considered and rejected by
a detailed order dated 5.8.2009 and thereafter again on 28.1.2010, which is
under challenge. It is also a detailed order whereby it has been indicated that
the candidature of the applicant was considered and since she was given
points 61, which is much less than the points allotted to other candidates, her
candidature, considered along with other candidates, who applied for
appointments under Dying in Harness Rules for appointment under 5%
quota reserved for such candidates, was rejected. While going through the
order dated 28.1.2010, annexed as Annexure „1‟ to the Original Application,
it revealed that the respondents has considered the claim of the applicant
keeping in view the policy laid down by the Hon‟ble apex Court in the case
of Umesh Kumar Nagpal v. State of Haryana & others reported in JT
1994(3) SC 525 wherein the Hon‟ble apex Court has observed to the extent
that the principle for appointment under Dying in Harness Rules cannot be
made as a matter of right. Nevertheless, the case of the applicant was
considered and was rejected by the respondents for appointment under the
aforesaid Rules. Apart from it, as per office report, this Original Application
has been filed delayed by 4 years and 28 days.
In view of the aforesaid facts and circumstances of the case, we are
of the view that Misc. Application No. 1148 of 2014, praying for condoning
the delay in filing the Original Application, deserves to be rejected. It is,
accordingly, rejected.
Since the application for condoning the delay in filing the Original
Application has been rejected, the Original Application stands dismissed.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 723 of 2014
(Inre: O.A. No. 131 of 2014)
Achche Lal Gupta Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Vakalatnama filed by Shri Aniruddh Prasad on behalf of respondent
no. 7 is taken on record. When the case is next listed, his name be shown as
counsel for the said respondent.
Heard Shri S.K. Singh, learned counsel for the applicant, and Shri
D.K. Pandey, learned Standing Counsel.
The respondents are directed to obtain instruction within three weeks
especially to the effect as to whether the son of the applicant, viz. Late Cpl.
Amit Kumar Gupta, who was working in the Air Force, had, at the time of
entering into the service, recorded whose name as his NOK in the service
record. The respondents will also produce, on the said date, the service
record of the applicant. The respondents will also indicate as to whether, at
any point of time, the name of the wife of Late Cpl. Amit Kumar Gupra, viz.
Soni Gupta, was ever recorded in the service record of the Air Force.
List on 1.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 883 of 2014
Mahesh Chand Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri Veer Raghav Chaubey, learned counsel for the applicant, prays
for and is granted three weeks‟ time to comply the order dated 31.7.2014,
passed by this Court.
List on 1.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1015 of 2014
Tuphan Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
This Misc. Application No. 1015 of 2014 has been filed for condoning
the delay in filing the Original Application, filed by the applicant against the
order passed by the respondents in the Court Martial proceedings, which,
after pre-confirmation under Section 161(1) of the Air Force Act, 1950, was
rejected on 7.11.2013 and even petition under Section 161(2) of the said Act
dated 28.11.2013, preferred by the applicant, was rejected by the Chief of
the Air Staff and was communicated to the applicant on 15.1.2014.
Shri Rohit Kumar, learned counsel for the applicant, submits that the
applicant preferred this Original Application on 4.8.2014, which is, as per
office report, delayed by 24 days.
The reasons shown in the affidavit in support with the delay
condonation application seem to be genuine and objection which has been
filed by the respondents in Court does not have any serious objection to
negate the reason given in the condonation of delay application and
affidavit. Accordingly, the delay of 24 days in filing the Original
Application is hereby condoned. The Original Application be registered.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 183 of 2014
Tuphan Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Rohit Kumar, learned counsel for the applicant, Shri
Dileep Singh, learned Standing Counsel, on this Original Application,
preferred against the DCM proceedings wherein he has been granted
punishment under Section 38(1) of the Air Force Act for six months‟ R.I.
plus dismissal from service, which was, later on, converted into three
months‟ R.I. on the pre-confirmation petition filed by the applicant.
The submissions of learned counsel for the applicant are three
folded, viz. (1) the punishment is too harsh, disproportionate to the charges
levelled against the applicant; (2) the norms and principles laid down under
the Rules had not been followed; and (3) the applicant cannot be tried under
Section 38(1) of the Air Force Act.
Admit.
Counter affidavit may be filed by the respondents within six weeks.
Rejoinder affidavit, if any, may be filed within three weeks thereafter.
List on 25.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 739 of 2014
Smt. Munni Devi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri Veer Raghav Chaubey, learned counsel for the applicant, prays
that he be granted two days‟ time to file delay condonation application in the
Registry of this Court after serving copy of the same on learned counsel for
the respondents. Time prayed for is granted.
The respondents may file objection, if any, within three weeks
thereafter.
List on 7.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 320 of 2013 with M.A. No. 806 of 2014
Manoj Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri R. Chandra, learned counsel for the applicant, states that he
intends to file rejoinder affidavit. He prays for and is granted three weeks‟
time to file to file the same.
List on 30.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 09 of 2010
Surya Mani Mishra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
The matter relates to District Court Martial. It is necessary that the
record pertaining to the applicant be produced before this Court. The
respondents are, therefore, directed to produce the record on the next date.
As prayed, list on 13.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 1093 of 2010
Smt. Prasandi Devi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
09.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. Learned counsel for the applicant is not
present. One Satveer Singh claiming himself to be the son of the applicant
appeared and states that since Shri P.N. Chaturvedi, learned counsel for the
applicant, has not come to this Court today, the case be adjourned.
Accordingly, the case is adjourned for the day.
As prayed, list on 28.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 176 of 2014
Vijay Bahadur Chauhan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari 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.
The matter relates to disability pension.
Heard learned counsel for the applicant.
Learned Standing Counsel prays for and is granted six weeks‟ time
to file counter affidavit. Rejoinder affidavit, if any, may be filed within three
weeks thereafter.
List on 21.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 181 of 2014
Kitabuddin Ansari Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Ms. Deepti Prasad Bajpai on behalf of
respondents no. 1 to 3 is taken on record. When the case is listed next, her
name be shown as counsel for the said respondents.
Heard Shri V.K. Pandey, learned counsel for the applicant.
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 three weeks thereafter.
List on 19.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 640 of 2014
Hemant Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey, Advocate, holding brief of
Shri P.N. Chaturvedi, learned counsel for the applicant, appeared and stated
that Shri P.N. Chaturvedi has not come to this Court since he is ill. He prays
for adjournment of the case. On the contrary, learned Standing Counsel
prays for and is granted further three weeks‟ time and no more to file
objection.
List on 10.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 597 of 2014
Chandra Pratap Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri R. Chandra, Advocate, appeared and stated
that Shri Yashpal Singh, learned counsel for the applicant, has not come to
this Court today since he is busy in High Court. On the contrary learned
Standing Counsel prays for and is granted three weeks‟ further time to file
objection to the delay condonation application.
List on 8.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 358 of 2012
AK Vijayan
Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others
Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Rohit Kumar, learned counsel for the applicant, Shri
D.S. Tiwari, learned Standing Counsel, and Major Narender Singh,
Departmental Representative, on this Original Application.
This Original Application has been preferred by the applicant
praying therein that the order dated 21.6.2007 passed by the Adm.
Officer, MH Dagshai, relating to movement order of the applicant and
the order dated 18.11.2001 rejecting the statutory complaint of the
applicant, contained in Annexure A-1, be quashed.
A preliminary objection has been raised by the respondents that
the impugned order, which is under challenge, has been passed at MH
Dagashai on 21.6.2007 and the grievance of the applicant against the
said order does not lie within the jurisdiction of the Armed Forces
Tribunal, Lucknow Bench. It has further been submitted that the
applicant is resident of the State of Kerala and impugned order has
been passed by MH Dagashai, as such, in any case, this Original
Application does not lie within the jurisdiction of the Armed Forces
Tribunal, Lucknow Bench.
This Court is also of the view that this O.A. does not lie within
the jurisdiction of the Lucknow Bench of the Tribunal.
Accordingly, this Original Application No. 358 of 2012 is
dismissed on the ground of jurisdiction. The Applicant may approach
any other Bench of this Tribunal having jurisdiction.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 40 of 2014 with M.A. No 722 of 2014
Lt Col Rajesh Kumar Shukla, SM Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri R. Chandra, learned counsel for the applicant. Shri B.P.S.
Chauhan, learned Standing Counsel, and Major Narender Singh,
Departmental Representative.
By means of this Original Application the applicant has prayed that
ACRs from 2005 to 2011 be quashed and the respondents be directed to
consider the applicant for promotion to the rank of Colonel without ACRs
from 2005 to 2011 and grant him promotion to the rank of Colonel with
effect from 2011 along with all consequential benefits including seniority,
arrears of salary etc.
It comes out from the arguments of learned counsel for the applicant
that the applicant apprehends that due to DV Ban imposed on him his ACRs
from 2005 to 2011 are likely to have been adversely impacted due to which
he may not be found fit for promotion.
On a query being made by this Court, Major Narender Singh,
Departmental Representative, informed this Court on 3.9.2014 that the DV
Ban imposed on the officer was lifted on 14.9.2005 and the DV Ban had no
effect on the ACRs of the applicant after lifting of the ban in 2005.
Today, Major Narender Singh, on the basis of Fax message sent by
MS Legal Cell dated 4.9.2014, says that after lifting of DV Ban, there is no
negative input or effect on CR since CR for particular period is based on
performance for particular reporting period. Even during pendency of
disciplinary case, CR is initiated as per Para 34 of AO 45/2001/MS, after
due sanction of SRO and to ACR is also examined for objectivity and to
ensure that it has no reference to ongoing disciplinary case. This Fax
message dated 4.9.2014 is made part of this record.
In the light of the aforesaid facts and circumstances of the case this
Original Application has no merit. It is, accordingly, dismissed at the
admission stage itself.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 9 of 2014
Shashi Kant Jha Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari 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.
This case has come to this Tribunal after being transferred from the
High Court of Judicature at Allahabad, Allahabad, and has been listed as
Transferred Application No. 9 of 2014.
The Bench copy is not available. Learned counsel for the applicant
prays for and is granted a month‟s time to file Bench copy for assistance of
the Court.
List on 10.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 15 of 2014
Major Kunwar Ambreshwar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised.
This petition has come on transfer from the High Court of Judicature
at Allahabad, Lucknow Bench, Lucknow,
Office report dated 4..8.2014 indicates that notice issued to the
applicant has been received by him. Further, the office report dated 5.9.2014
indicates that the applicant presented himself before the Registry on
5.9.2014. He or his counsel, however, failed to appear before this Court
today.
Accordingly, this petition (Transferred Application No. 15 of 2014)
is dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 219 of 2013
Ajay Kumar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
After hearing Shri R. Chandra, learned counsel for the applicant, at
some length, it transpires that as per direction given earlier by this Court on
27.5.2014 the respondents failed to produce the original show-cause notice
bearing signature of the applicant with respect to service of the same on the
applicant.
Major Narender Singh, Departmental Representative, states that the
Unit, under whose custody the record is, has gone to Congo. He, therefore,
prays that the matter be taken up after three months to enable the
respondents to produce the original show-cause notice showing service upon
the applicant.
As prayed, list on 8.1.2015. On the said date original show-cause
notice be produced before this Court by the respondents bearing signature of
the applicant.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 28 of 2009
Pramod Bhosle Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
08.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey, Advocate, holding brief of
Shri P.N. Chaturvedi, learned counsel for the applicant, appeared and states
that Shri P.N. Chaturvedi is not well and has not come to this Court today.
Shri Pandey prays for adjournment of the case. As prayed, the case is
adjourned for the day.
List on 9.1.2015.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 1108 of 2014
Prashanth Kumar PG Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Ashutosh Kumar Srivastava on
behalf of respondents no. 1 to 3 is taken on record. When the case is next
listed, his name be shown as counsel for the said respondents.
Heard Shri Yash Pal Singh, learned counsel for the applicant, learned
Standing Counsel and Major Narender Singh, Departmental Representative.
A preliminary objection has been raised by the respondents
regarding maintainability of this Original Application before this Court on
the ground that neither the applicant is resident of nor is posted within the
jurisdiction of this Court. It is submitted by the respondents that the
applicant is residing within the State of Kerala and is posted at Ambala,
under the jurisdiction of the Armed Forces Tribunal, Chandigarh Bench.
Learned counsel for the applicant wants time to submit on the above
point.
As prayed, list on 17.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 06 of 2014
Sepoy Ramesh Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List this case again on 16.9.2014 showing the name of Shri Yash
Pal Singh as learned counsel for the applicant.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M. A. No. 83 of 2014 with M.A. No. 1122 of 2014 & M.A. No. 1123 of 2014
(Inre: O.A. No. 243 of 2011)
Sgt Kesho Dubey Applicant
By Legal Practitioner for Applicant
Versus
Air Chief Marshal Arup Raha, Chief of Air Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri T.N. Tiwari, learned counsel for the applicant, as well
as Shri Anand Kumar Singh, learned counsel for the respondents, on
Misc. applications No. 1123, 1122 and 1144 of 2014 for getting the
judgment and order dated 13.9.2013, passed by this Tribunal in O.A.
No. 243 of 2011, executed.
Although the aforesaid two Misc. Applications No. 1122 and
1123 of 2014 have been moved by the respondents claiming therein
that the aforesaid judgment and order has been complied with in toto
but learned counsel for the applicant, through the supplementary
affidavit and on the aforesaid two applications, moved by the
respondents, submitted that the aforementioned judgment and order
has not been implemented as yet.
Learned counsel for the respondents prays for and is granted
two weeks‟ time to file objection on Misc. Application No. 1144 of
2014.
It has been submitted by Shri T.N. Tiwari that the respondents
are adamant to harass the applicant in every manner and abused him
badly, what to say implementation of the aforesaid judgment and order
and there is every likelihood that the applicant might be more harassed
in future in one manner or the other. It has also been submitted by Shri
Tiwari that the applicant has not been paid CILQ and other dues and
the authorities of CILQ are against the applicant.
Learned counsel for the applicant is directed to place on record
the rules which entitles the applicant for payment of CILQ and other
financial benefits arising thereto which emerges out from the aforesaid
judgment and order under execution.
List this case on 8.10.2014.
The respondents are also directed to produce the documents on
the next date showing therein that, as directed in the aforesaid
judgment and order under execution, the consequential benefits have
been provided to the applicant .
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 218 of 2010
Sanjay Kumar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
The pleadings are complete in this case.
List for hearing on 9.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 78 of 2011
Raj Singh Sharawat Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey, Advocate, appeared and
stated that Shri P.N. Chaturvedi has not come to this Court today. He,
therefore, prays for adjournment of the case. Accordingly, the case is
adjourned for the day.
As prayed, list on 5.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 217 of 2013
Manvendra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned Standing Counsel states that counter affidavit is ready
and will be filed before the Registry during the course of day after
service a copy of the same on learned counsel for the applicant. If
copy of the counter affidavit is served on learned counsel for the
applicant, the applicant may file rejoinder affidavit, if any, within
three weeks.
List on 29.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1219 of 2014
N.K. Singh & another Applicants
By Legal Practitioner for Applicants
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. No one appears for the applicant. This
Original Application bearing DY-No. 1219 of 2014 is dismissed for
non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 224 of 2012
Smt. Anju Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
After hearing at some length Shri A.S.V. Singh, learned counsel for the
applicant, states that he intends to amend the Original Application and prays for
and is granted three weeks‟ time to file amendment application. The record brought
by the respondents today shall be produced before this Court on the next date.
List on 30.9.2014.
At the time of hearing of this Original Application, the applicant herself
also appeared in person and narrated her pitiable conditions under which she is
surviving with her son.
The responsibility has been taken by Major Narender Singh for considering
her request for appointment under dying in harness rules and offering her
appointment at Delhi seems to be harsh.
This Court, therefore, expects from the respondents that the respondents
will again consider the case of the applicant as per her qualification to provide her a
suitable and dignified job in District Meerut or nearby any district by the next date
of listing of this case.
Let a copy of this order be provided to Major Narender Singh today free of
cost.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 105 of 2013
Barjinder Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
After hearing Shri R. Chaubey, learned counsel for the applicant,
and Major Narender Singh, Departmental Representative, it comes out
that there is nothing on record to indicate that the statutory complaint
under Section 26 of the Army Act, 1950 and paragraph 364 of the
Regulation for the Army 1987 (Vol. I), preferred by the applicant
before the authorities concerned, as per information received by Major
Narender Singh, is pending with 16 (B) DSC Platoon, COD, Agra.
Major Narender Singh is directed to let this Court know
whether the aforesaid statutory complaint has been disposed of or not.
If disposed of, the entire process and outcome of the said statutory
complaint be placed before this Court on the next date.
List on 23.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 120 of 2009
BG Gowda Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri R. Chaubey, Advocate, appeared and
stated that Shri R.K. Agarwal, learned counsel for the applicant, is not
well and has not come to this Court today. He, therefore, prays for
adjournment of the case.
On 27.5.2014 this Court ordered that no further adjournment
will be granted in this case.
However, in any case, since Shri Agarwal is not well, we are
adjourning this case for the day.
List on 6.1.2015.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T. A. No. 820 of 2010
Anil Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
05.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri C.P.M. Tripathi, learned counsel for the applicant,
and Major Narender Singh, Departmental Representative, at length.
Judgment reserved.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG.
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
EX-A. No. 32 of 2014
(Inre O.A. No. 201 of 2010)
Lal Mohan Mishra Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Notice of this Execution Application has been accepted by Major
Narender Singh, Departmental Representative, to obtain instruction as
to under what circumstances the judgment and order dated 17.7.2013,
passed by this Tribunal in O.A. No. 201 of 2010, has not yet been
implemented and, if so, the reason thereof. He is also directed to
inform this Court, on the next date of listing, as to where the file for
execution of the aforesaid judgment and order is pending and before
which authority.
Major Narender Singh prays for and is granted three weeks‟
time to obtain instruction.
List on 9.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 331 of 2014
( With M.A. No 584 of 2014 & M.A. No 1094 of 2014)
Jagdidh Chandra Patidar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. Shri Rohit Kumar, Advocate, appeared and
stated that R. Chandra, learned counsel for the applicant, is out of
station. Shri Rohit Kumar, therefore, prays for adjournment of the
case. Accordingly, the case is adjourned for the day.
List on 17.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 200 of 2010
Smt. Uma Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. Shri P.K. Shukla, Advocate, appeared and
stated that Shri V.P. Pandey, learned counsel for the applicant, is out
of station and could not come to this Court. Shri Shukla prays for
adjournment of the case. Accordingly, the case is adjourned for the
day.
List this case on 29.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 370 of 2011
Gaurav Malik Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case a person claiming himself to be Gaurav Malik,
applicant, appeared and states that his counsel, Shri D.S. Kauntae,
could not come to this Court today since he is ill. He, therefore, prays
for adjournment of the case. Accordingly, the case is adjourned for the
day.
As prayed, list on 8.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 458 of 2012
Prem Narain Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey holding brief of Shri P.N.
Chaturvedi, learned counsel for the applicant, appeared and prays that
he be granted further four weeks‟ time to file rejoinder affidavit.
Earlier time for filing rejoinder affidavit was granted twice but the
same has not been filed.
However, as a matter of last opportunity, four weeks‟ time is
granted to file rejoinder affidavit.
As prayed, list on 8.12.2014. It is expected that rejoinder
affidavit will be filed by the said date.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 273 of 2013 with M.A. No 849 of 2014
Lt Col Ray Gautam Prasad Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Major Narender Singh, Departmental Representative, prays for
and is granted, as a matter of last opportunity, three weeks‟ time to file
objection to the amendment application. It is hereby made clear that
no further time will be granted for the same.
List on 7.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 63 of 2013
with M.A. No. 1092 of 2014 & M.A. No. 1093 of 2014
Girish Chandra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Misc. Application No. 1093 of 2013.
This application is allowed. Let rejoinder affidavit be taken on
record.
Misc. Application No. 1092 of 2013.
This is an application for amendment in the Transferred
Application on the prayer clause without mentioning the reason and
grounds for amendment. Shri Sudhir Kumar Singh, learned counsel for
the applicant, prays that this application be dismissed as not pressed
with liberty to file afresh. Accordingly, Misc. Application No. 1092 of
2013 is dismissed as not pressed with liberty to file afresh.
List on 28.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1073 of 2014
Mehboob Khan Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Inspite of time being granted to Shri P.N. Chaturvedi, learned
counsel for the applicant, on the objections raised by the Registry of
this Court on 21.7.2014, the objections have not yet been removed. It
seems that the applicant is not interested in pursuing the remedy.
However, as a matter of last opportunity, a week‟s further time
is granted to make good the deficiency, as indicated by the Registry.
List on 11.9.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
EX.-A. No. 26 of 2014
(Inre O.A. No. 119 of 2012)
Ravindra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard Shri Diwakar Singh, learned counsel for the applicant, and
Major General Sanjiv Verma, ADG PS, Army HQ, as well as Col.
HKS Badh, Col. Rajeev Sharma, both officials of Addl Dte Gen of
Personal Services, Army HQ, Major Narender Singh, Departmental
Representative, and Shri D.K. Pandey, learned Standing Counsel, in
this Execution Application No. 26 of 2014, moved by the applicant for
implementation of the judgment and order dated 24.1.2013, passed by
this Tribunal in O.A. No. 119 of 2012.
While allowing the aforementioned Original Application,
respondents no. 2 and 3 were directed to pursue the case with
PCDA(P) to issue revised PPO and get release of disability pension
within two months from the day copy of the order is issued.
In this Execution Application notices were received by Shri
D.K. Pandey, learned Standing Counsel, on behalf of the respondents
but since inspite of time granted to the respondents the aforesaid
judgment and the order was not implemented and this Court,
ultimately had no other option but to direct ADGPS, Army
Headquarters, New Delhi, on 19.8.2014, to appear in person before
this Court today.
Today, the aforementioned officers appeared in person before
this Court and assured that revised PPO granting disability element to
the applicant will be issued to the applicant within a week.
Further Major General Verma as well as other officers present
in Court, submitted that they find some difficulty in implementation of
the judgments and orders of this Tribunal for the reason that for
implementation of the judgments and orders it passes through various
channels and, therefore, causes delay and for this reason Execution
Applications are being filed for implementation of the judgments and
orders, passed by this Tribunal.
We hereby recommend to Major General Verma to look into
the matter and to see that a special cell is established to deal with the
judgments and orders of this Tribunal quickly to facilitate early
implementation of the orders so that this Tribunal is not burdened with
high number of Execution Cases.
List this case on 7.10.2014. It is expected that by that time
revised PPO granting disability element to the applicant will be issued
to the applicant.
So far as the observation made in the paragraph of the order
dated 19.8.2014 asking ADGPS to show cause as to why heavy cost
be not imposed against him to be deducted from his salary and also as
to why disciplinary proceedings be not got initiated against him for not
complying the aforementioned judgment and order dated 24.1.2013
deliberately and intentionally is hereby recalled.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 221 of 2010
Balwant Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey, Advocate, holding brief of
Shri P.N. Chaturvedi, learned counsel for the applicant, appeared and
prays for adjournment of the case since Shri Chaturvedi has not come
to this Court today. Accordingly, the case is adjourned for the day.
As prayed, list on 11.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 316 of 2011
Narendra Singh Rawat Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Anand Kumar Singh 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 respondents.
On call of the case one person claiming himself to be Narendra
Singh Rawat, applicant, appeared and stated that his counsel, Shri
D.S. Kauntae has not come to this Court today. He, therefore, prays
for adjournment of the case. Accordingly, the case is adjourned for the
day.
As prayed, list on 15.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 198 of 2013 with O.A. No. 196 of 2013
Vishnu Prasad Upadhiya Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
04.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case Shri Vinay Pandey, Advocate, appeared and
stated that Shri P.N. Chaturvedi, learned counsel for the applicant, has
not come to this Tribunal today. Shri Pandey, therefore, prays for
adjournment of the case.
This case pertains to disability pension of the applicant,
whereas O.A. No. 196 of 2013 pertains to discharge from service of
the applicant.
O.A. No. 196 of 2013 is pending before the Bench consisting of
Hon. V.K. Dixit, Member (J) and Hon. Lt. Gen. Gyan Bhushan,
Member (A).
Therefore, O.A. No. 198 of 2013 be listed along with O.A. No.
196 of 2013 before Court No. 2 on the date already fixed in O.A. No.
196 of 2013.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
PG
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-NO. 1117 of 2014
Sultan Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri Rohit Kumar, learned counsel for the applicant, prays that
he be granted three weeks‟ further time to file an affidavit stating
therein that the applicant has authorised his son, Narendra, to swear
affidavit and to do pairvi in this case, on his behalf.
Time prayed for is granted. Let the affidavit, as desired, be filed
before the date fixed.
List on 29.09.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 697 of 2014
Heera Ballabh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Misc. Application No. 697 of 2014
This is an application moved by the applicant for condonation of
delay in filing the Original Application, wherein claim has been made
for grant of disability pension due towards the applicant.
As per office report dated 29.05.2014, there is delay of 16 years,
09 months and 23 days in filing the Original application.
It has been averred in the affidavit filed in support of the delay
condonation application that the applicant was discharged in the year
1997 on medical ground; soon thereafter he preferred claim for
disability pension; subsequently, he preferred an appeal, which took
considerable time in its disposal and thereafter, the applicant preferred
representation as per Annexure- 6, which was decided in the year
2005. Thereafter, he further represented in the year 2010, which is still
pending consideration.
The reasons shown for delay in filing the Original Application
seem to be genuine, and inspite of time having been granted to the
respondents on several occasions, no objection has been filed against
the delay condonation application. Matter pertains to claim for grant of
disability pension, as such the delay in filing the Original Application
deserves to be condoned.
Accordingly, the delay condonation application is allowed and
the delay in filing the Original Application is condoned.
The office is directed to register the Original Application.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O. A. No. 178 of 2014
Heera Ballabh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard the learned counsel for the applicant as well as the learned
standing counsel on the Original Application, which pertains to the
claim for grant of disability pension.
Admit.
Let the counter affidavit be filed within six weeks and the
rejoinder affidavit within three weeks thereafter.
List on 13.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
EX-A. No. 66 of 2012
(Inre O.A. No. 341 of 2011)
Subhash Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List this case along with the bunch of cases dealing with
controversy in relation to Honorary Naib Subedars.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
EX-A. No. 55 of 2013
(Inre O.A. No. 254 of 2010)
Syed Mohd Addel Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
In this execution application from the order dated 13.08.2014
passed by us, it comes out that even after issuance of the PPO
directing the Treasury officer, Lucknow to make payment of disability
pension to the applicant, no heed was paid by him, as such the
Treasury Officer, Lucknow was summoned with a rider that in case
payment was made to the applicant, he need not appear.
The Treasury Officer vide his letter dated 30.08.2014, on record,
has informed that the applicant has been paid in pursuance of the PPO
on 23.08.2014. It has also been specified that the payment could not be
made earlier due to non-appearance of the applicant before him for
physical verification.
Learned counsel for the applicant states that in view of the above,
the instant execution application stands rendered infructuous.
Consequently, the execution application is dismissed as
infructuous.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 661 of 2013
Vikas Pandey Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. No one appears for the applicant; neither
there is any request to adjourn/pass over the case for the day.
Accordingly, M.A. No.661 of 2013, Vikas Pandey vs. Union of
India and others, is dismissed for want of prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 40 of 2014 with M.A. No 722 of 2014
Lt Col Rajesh Kumar Shukla, SM Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call, it has been informed by the Bench Secretary that Shri R.
Chandra, learned counsel for the applicant has gone to Nainital and
has requested for adjournment of the case for the day.
Departmental Representative, Major Narender Singh, with regard
to query made by us vide order dated 10.07.2014 from MS (Legal)
Army Headquarters, informs that the DV Ban imposed on the officers
has been lifted on 14.09.2005 and it has no effect in the matter of ACR
of the applicant after lifting of the ban.
Put up this case on Monday (08.09.2014).
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 252 of 2011
Raghav Ram Baghel Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
There is no counter affidavit on record.
It comes out of the order sheet dated 17.02.2014, Shri P.N.
Chaturvedi, learned counsel for the applicant was granted time to
reconstruct the file, but, today he is not present.
Shri Vinay Pandey, Advocate informs that Mr. Chaturvedi has
gone to Nainital and has sought for adjournment.
List this case in due course for order on 01.12.2014. Since the
file is still incomplete, it shall not be listed for final hearing till further
orders to that effect.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 165 of 2013
Parikrama Jit Singh & Others Applicants
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. No one appears for the applicant; neither
there is any request to adjourn/pass over the case for the day.
Accordingly, O. A. No. 165 of 2013, Parikrama Jit Singh and
others vs. Union of India and others, is dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 119 of 2010
Ravindra Kumar Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
03.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call, it has been informed by Shri Rohit Kumar, Advocate,
that Shri R.Chandra, learned counsel for the applicant, has gone to
Nainital and has requested for adjournment of the case, for the day.
As prayed, list on 21.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1320 of 2014
Rishi Pal Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Mrs. Deepti Prasad Bajpai on
behalf of the respondents is taken on record.
Heard learned counsel for the applicant as well as the learned
standing counsel on this Original Application, which has been
preferred by the applicant with the prayer to quash the decision of
Medical Review Board dated 21.12.2013.
It comes out from the report of the Medical Review Board that
the applicant was not found fit for enrolment as Nursing Assistant in
the Indian Army.
Objection has been raised by the learned standing counsel
appearing for the respondents that this application is not maintainable
due to an embargo put under Section 2(1) of the Armed Forces
Tribunal Act, 2007, as, at present the applicant is not subject to Army
Act, Air Force Act or the Navy Act, as such this Original Application
is barred by the aforesaid Act and is not maintainable.
We have gone through the pleadings and the provisions of the
law as referred to above. We are in agreement with the objection
raised by the learned standing counsel.
Accordingly, this Original Application is dismissed as not
maintainable, at the admission stage itself.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
DY-No. 1386 of 2014
Ashok Kumar Das Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard learned counsel for the applicant on this Original
Application. He submits that the applicant is aggrieved against the
reply of the respondents dated 09.04.2014 on the legal notice given by
his counsel, contained at page 41 of the paper book.
It comes out from the pleadings that the applicant was aggrieved
against certain acts of the respondents, which was opened by sending
legal notice by his counsel to the respondents, on which reply has been
sent by the respondents vide reply to the said notice on 09.04.2014,
which is under challenge.
Argument advanced by the learned counsel for the applicant is
that the reply on the legal notice comes within “service matters” and,
as such, it falls within the parameter of Section 3 (o) of the Armed
Forces Tribunal Act, 2007.
The applicant has further prayed that direction be issued to
respondent Nos. 2, 3 and 4 to pay Rs.81,26,568/- as compensation to
the applicant for the loss and damage caused to the applicant due to
their torturous act towards the applicant.
We, while going through Section 14 of the aforesaid Act, find that
the impugned reply of notice, which is under challenge, does not fall
within the parameter of Section 3 (o) of the Act nor does it fall within
the parameter of Section 14 (2) of the Act.
It also comes out from the pleadings that the applicant had made
statutory complaint, which was rejected vide order dated 12.08.2010
passed by Air Marshal AOC-in-Charge, vide Annexure A-27, which is
not under challenge.
In these circumstances, as discussed above, the instant Original
Application does not fall either within the parameter of Section 3 (o)
or Section 14 (2) of the Armed Forces Tribunal Act, 2007, as such it
cannot be termed as “service matters” as enshrined in the aforesaid
Sections. Hence the application is misconceived and deserves to be
dismissed.
Accordingly, the instant Original Application is dismissed at the
admission stage itself.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A.No. 1088 of 2014
Gajendra Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Mrs. Deepti Prasad Bajpai on
behalf of respondent Nos. 1 to 6. Her name be shown as counsel for
the said respondents, when the case is listed next.
This application has been filed seeking condonation of delay in
filing the Original Application. As per office report dated 29.08.2014,
there is delay of 04 years, 11 months and 10 days in filing the Original
Application.
Learned standing counsel desires to file objection against the
said application. She may do so within six weeks.
List on 28.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1089 of 2014
Md Samsul Haque Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Memo of appearance filed by Shri Mukund Tewari on behalf of
respondent Nos. 1 to 5. His name be shown as counsel for the said
respondents, when the case is listed next.
This application has been filed seeking condonation of delay in
filing the Original Application. As per office report dated 29.08.2014,
there is delay of 06 months and 29 days in filing the Original
Application.
Learned standing counsel desires to file objection against the
said application. He may do so within six weeks.
List on 27.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 1090 of 2014 with M.A. No 1091 of 2014
(Inre O.A. No. 282 of 2011)
Union of India & Others Applicants
By Legal Practitioner for Applicant
Versus
Sudhakar Tripathi Respondent
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Misc. Application Nos.1090 and 1091 of 2014
Application No.1090 of 2014 has been filed for condonation of
delay in filing the Application No.1091 of 2014 under Section 31 of
the Armed forces Tribunal Act, 2007, for grant of leave to appeal to
the Hon‟ble Apex Court against judgment and order dated 24.07.2013
passed by this Tribunal in Original Application No.282 of 2011.
As per office report dated 01.09.2014, there is delay of 01 year
and 04 days in filing the application for leave to appeal.
We have gone through the reasons shown for delay in filing the
application under Section 31 of the Act, which provides that such
application should be filed within 30 days beginning with the date of
the decision. As is apparent, the instant application for leave to appeal
has been preferred beyond the statutory period of 30 days and the
power of condoning delay is not vested in the Tribunal. That apart, no
point of law of general public importance is involved in the decision,
against which application for leave to appeal has been moved.
Accordingly, the delay condonation application (Misc.
Application No.1090 of 2014) is rejected, and resultantly, the
application for grant of leave to appeal (Misc. Application No.1091 of
2014) is also rejected.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 7 of 2014
Lt Col P Vinay Kakkar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
This Transferred Application has come before this Tribunal after
it having been transferred by the High Court of Madhya Pradesh.
Let it be placed before the Head of the Department (Hon‟ble Mr.
Justice S.C. Chaurasia) for nomination of Bench.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
EX-A No. 77 of 2013 with M.A. No 996 of 2014 &
M.A. No 1087 of 2014 (Inre T.A. No. 1407 of 2010)
Ram Yagya Ojha Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Copy of supplementary counter affidavit dated 25.08.2014 has
been supplied to the learned counsel for the applicant, today in court.
He may file objection to it, within three weeks.
List on 26.09.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No 322 of 2013
(Inre O.A. No. 233 of 2010)
Ravi Pratap Pandey Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List this case along with Review Application No.13 of 2013
before the Bench concerned, on the date already fixed therein.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 137 of 2013 with M.A. No 440 of 2014
Nk Mukesh Chaudhary Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Misc. Application No.440 of 2014
Let the counter affidavit be taken on record.
List on 10.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No 256 of 2013
Shiv Pratap Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. No one appears for the applicant; neither
there is any request to adjourn/pass over the case for the day.
Accordingly, O. A. No. 256 of 2013, Shiv Pratap Singh vs. Union
of India and others, is dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 262 of 2013 with M.A. No 576 of 2014
Urmila Bai Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Misc. Application No.576 of 2014
This application has been filed with the prayer that the Original
Application be listed at Circuit Bench, Jabalpur.
Accordingly, the application is allowed and as prayed, list on
16.10.2014 at Circuit Bench, Jabalpur
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 42 of 2014 with M.A. No 604 of 2014 & M.A. No 828 of 2014
Hari Om Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call, a person claiming himself to be Hari Om appeared and
stated his counsel is not available today and, as such the matter may be
adjourned for the day.
As prayed, list on 08.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 92 of 2014
Sep Kishan Kumar Applicant
By Legal Practitioner for Applicant
Versus
Chief of Army Staff & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri Rohit Kumar, learned counsel for the applicant, prays for
and is granted two weeks‟ further time to file rejoinder affidavit.
List on 22.09.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 100 of 2009
U.C. Verma Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. No one appears for the applicant; neither
there is any request to adjourn/pass over the case for the day.
Accordingly, T. A. No.100 of 2009, U.C. Verma vs. Union of
India and others, is dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 569 of 2010
Smt. Satya Bhama Panda Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
List has been revised. No one appears for the applicant; neither
there is any request to adjourn/pass over the case for the day.
Accordingly, O. A. No. 27 of 2010, Smt. Satya Bhama Panda vs.
Union of India and others, is dismissed for non-prosecution.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 27 of 2010
VK Mishra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
02.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Heard learned counsel for the applicant as well as the learned
standing counsel appearing for the respondents, on this Original
Application, which has been preferred by the applicant challenging the
two orders dated 18.11.2008 and 19.05.2009.
It comes out of the pleadings that the applicant, who was serving
as soldier in the Army, was subjected to summary trial and thereafter,
he was awarded 07 days‟ Rigorous Imprisonment under Section 48 of
the Army Act, which on appeal, has been affirmed by the Lt. Col Offg.
AAG, vide order dated 19.05.2009.
Objection has been raised by the learned standing counsel
appearing on behalf of the respondents that challenge in this
application, being in regard to award of 07 days‟ R.I. only, under
Section 48 of the Army Act, is not maintainable in view of Section 3
(o) (iii) of the Armed Forces Tribunal Act.
We have gone through the pleadings and the provisions of law as
relied on by the learned standing counsel. We are in agreement with
the objection so raised by him.
Accordingly, the Original application No. 27 of 2010, V.K. Mishra
vs. Union of India and others, is dismissed.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 582 of 2014
Udai Shankar Mishra Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call of the case in revised list, Shri P.K. Shukla, Advocate
appeared and stated that Shri V.P. Pandey, learned counsel for the
applicant has gone to Circuit Bench, Nainital, and prayed for
adjournment.
It comes out from the record that on the earlier date the counsel
for the applicant was granted time to file delay condonation
application, explaining each days‟ delay in filing the Original
Application, but the same, as per office report dated 28.08.2014, has
not been filed.
However, as prayed, list on 14.11.2014. The delay condonation
application may be filed, in the meantime.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 733 of 2014 with M.A. No 933 of 2014
Paras Nath Tiwari Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Shri R. Chandra, learned counsel for the applicant, states that he
has to file reply to the objection filed on behalf of the respondents
against delay condonation application. For this purpose, he is granted
three weeks‟ time.
List on 26.09.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 884 of 2014
Lakhvir Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
As prayed by the learned standing counsel, he is granted three
weeks‟ further and no more time to file objection against delay
condonation application.
List on 29.09.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3 EX-A. No. 15 of 2014
(Inre T.A. No 988 of 2010 with M.A. No 439 of 2014)
VD Jha Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On the case being called out, Shri Rohit Kumar, learned counsel
for the applicant appeared.
The matter relates to execution application, as usually, moved
for getting the judgment and order of this Tribunal passed as back as
on 7th
August, 2013 in T.A. No.988 of 2010 implemented by the
respondents.
On the last date, it was brought to our notice that Part II order
dated 25.04.2014 had already been issued by the EME (Records) to
the applicant and the applicant was asked to produce certain
documents with respect to certain queries made by them.
Shri Rohit Kumar, learned counsel for the applicant submitted
that his client has already replied the queries made and submitted the
documents asked for, as far back as on 06.06.2014, but in spite of the
same, the judgment in question has not been complied with, as such
this Court vide order dated 27.08.2014 had granted time to
Departmental Representative, Major Narender Singh to seek
instructions as to whether necessary PPO has been issued to the
applicant and the today‟s date was fixed.
Today, the Departmental Representative, Major Narender
Singh, on the basis of instructions issued by OIC (Legal Cell) for OIC
Records, informs that the matter is pending with PAO (OR) EME,
Secunderabad.
Let notice be issued to the said authority asking him to appear
in person before us and to show cause as to why heavy cost be not
imposed upon him and the amount deducted from his salary and also
to show cause as to why adverse entries be not recorded in his Service
Record for putting hindrance in the implementation of the judgment
and order referred to above passed by this Tribunal and not complying
with the same, at the earliest.
List on 17.09.2014.
It is clarified that in case PPO is issued to the applicant in
compliance with the judgment and order passed by this Tribunal by
the next date fixed, the said Offer need not to appear.
The Registrar of the Tribunal is directed to take necessary steps
for follow-up actions in tune with the aforesaid order.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
M.A. No. 791 of 2014
(Inre EXA No 06 of 2012 & T.A No 33 of 2010)
Ram Raj Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call, a person claiming himself to be Ram Raj Singh, the
applicant, appeared and informed that his counsel has gone out of
station and the matter may be adjourned.
As prayed, list on 12.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 203 of 2013
Pushkar Singh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Departmental Representative, Major Narender Singh states that
the counter affidavit is ready and will be filed within a week in the
Registry of the Tribunal.
As prayed the counter affidavit may be filed within a week.
In the event of counter affidavit being filed, rejoinder affidavit, if
any, may be filed within three weeks thereafter.
List on 14.10.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 92 of 2013
Ram Bali Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call, Shri R. Chandra, Advocate appeared and stated that Shri
Shailendra Singh, learned counsel for the applicant, has gone to
Circuit Bench, Nainital and has sought for adjournment.
As prayed, list on 11.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 12 of 2014 Sumont Gupta Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Learned counsel for the applicant submits that he will be filing
Bench Copy in the Registry by today itself. It may be taken on record.
This case pertains to Navy. Earlier, writ petition was filed in the
High Court of Judicature at Allahabad and there the notices for the
respondents were accepted by Shri Deepak Verma, Advocate, but on
the case being transferred to this Tribunal by the High Court vide
order dated 30.04.2014, no one appears on behalf of the respondents.
Let notices be issued to the Secretary, Ministry of Defence, South
Block, New Delhi as well as to the Chief of the Naval Staff to show
cause as to whether they intend to contest the aforesaid case before
this Tribunal or not. Since no counsel appears on their behalf, let
notices be issued the aforesaid respondents, within a month.
List on 28.10.2014.
The Registrar is directed to take follow-up actions in tune with
the aforesaid order.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 195 of 2011
Vivek Kumar Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On case being called out, a person claiming himself to be Vivek
Kumar, the applicant, appeared and stated that his counsel has gone
out of station and prayed for adjournment.
As prayed, list on 17.11.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
O.A. No. 300 of 2012
RN Tripathi Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
Diary No.1470 of 2014
This application has been moved by Shri Shailendra Singh,
learned counsel for the applicant, seeking adjournment for the day and
has further prayed that this case may be listed on 13.10.2014 at Circuit
Bench, Jabalpur.
As prayed, list on 13.10.2014 at Circuit Bench, Jabalpur.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
Form No. 4
[See rule 11(1)]
ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW
Court No. 3
T.A. No. 68 of 2013
Chandra Ballabh Applicant
By Legal Practitioner for Applicant
Versus
Union of India & Others Respondents
By Legal Practitioner for Respondents
Notes of the
Registry
Orders of the Tribunal
01.09.2014
Hon’ble Mr. Justice Abdul Mateen, Member (J)
Hon’ble Lt. Gen. A.M. Verma, Member (A)
On call, Departmental Representative, Major Narender Singh,
informed us that Major (Retd) R.D. Singh, learned counsel for the
applicant, has gone out of station and has sought for adjournment.
As prayed, list on 05.12.2014.
(Lt. Gen A.M. Verma) (Justice Abdul Mateen)
Member (A) Member (J)
SRY
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