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Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 661 of 2013 with M.A. No. 529 of 2016 & M.A. No. 651 of 2016
Vikas Pandey Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
20.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)
Present: Shri P.N. Chaturvedi, Learned Counsel for the
Applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal
Cell.
We have heard learned counsel for the parties and
perused the record.
Learned Counsel for the Respondents has vehemently
opposed the Amendment Application submitting that the O.A.
was filed in the year 2013 and no plausible explanation is
forthcoming why the order dated 18.09.2011 passed by the
Chief of Air Staff was not impugned at that time.
From a perusal of the record, it transpires that while
filing the O.A., the Applicant had not impugned the order
passed by Chief of Air Staff dated 18.09.2011 which was
communicated to the Applicant by means of letter dated
21.05.2012. The crux of submission advanced by learned
counsel for the Applicant is that it was an inadvertent mistake
as a result of which he could not impugn the said order while
filing the O.A. Of course, the order was very well within the
knowledge of the Applicant but the same was not impugned
while preferring the O.A. However, the fact remains that
unless the order of discharge is impugned, there is no
purpose to impugn the other co-related orders and for the
cause of substantial justice, there is no option left except to
allow the Application for amendment.
Accordingly, we allow the amendment Application,
permit the Applicant to carry out the amendment within a
week attended with direction that he may file amended copy
of the O.A within two weeks from today. The respondents may
file replication, if any, to the amended copy within four weeks
next thereafter. Rejoinder affidavit thereto may be filed within
two weeks next thereafter.
List this case peremptorily on 19.09.2016 for hearing.
(Lt Gen Gyan Bhushan) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 134 of 2015 Rajeev Moitra Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
20.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)
Present: Shri J.N. Mishra, Learned Counsel for the
Applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal
Cell.
Heard Learned Counsel for the Parties.
Arguments concluded.
Judgment reserved.
(Lt Gen Gyan Bhushan) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
R.A. No. 28 of 2016 Inre O.A. No. 109 of 2012 Raj Kumar Pandey Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
20.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)
Present: Shri P.N. Chaturvedi, Learned Counsel for the
Applicant and Shri V.P.S. Vats, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
This is an application for Review of the order dated
27.01.2016 passed in O.A 109 of 2012.
From a close scrutiny, we do not find any ground which
may be held to be an error apparent on the face of the record
within the four corners of Order 47, Rule 1 of the Code of Civil
Procedure. In any case, power conferred for review does not
permit for de-novo hearing, which the Counsel for the
Applicant intends to do so. There being no error on the face of
record, we do not feel that it is a fit case where the power
should be exercised. The Learned Counsel for the
Respondents rightly submits that the finding has been
recorded after hearing both sides.
Accordingly, the Application for Review lacks force and
is accordingly rejected.
(Lt Gen Gyan Bhushan) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 125 of 2013 Abhishek Pandey Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
20.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)
Present: Shri P.N. Chaturvedi, Learned Counsel for the
Applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal
Cell.
Learned Counsel for the Respondents prays for time.
As prayed, list this case on 18.08.2016 for further
hearing.
(Lt Gen Gyan Bhushan) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1521 of 2016 Nathun Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Memo of appearance filed today in Court by Shri
Virendra Singh, learned counsel appearing for the
respondents is taken on record. Let the name of Shri Virendra
Singh be shown as counsel for the respondents when the
case is next listed.
Present: None for the Applicant and Shri Virendra Singh,
learned counsel for the respondents, assisted by Col Kamal
Singh, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted six weeks’ time to file objection to the Application for
condonation of delay. Replication if any may be filed within
two weeks next thereafter.
List this on 13.09.2016 for disposal of the Application for
condonation of delay/admission.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1522 of 2016
Shiwu Prasad Bari Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Memo of appearance filed today in Court by Shri Anurag
Mishra, learned counsel appearing for the respondents is
taken on record. Let the name of Shri Anurag Mishra be
shown as counsel for the respondents when the case is next
listed.
Present: Shri S.G. Singh, Learned Counsel for the
Applicant and Shri Anurag Mishra, learned counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Learned counsel for the respondents prays for and is
granted six weeks’ time to file objection to the Application for
condonation of delay. Replication, if any, may be filed within
two weeks next thereafter.
List this case for orders/admission/disposal of M A No
1522 of 2016 on 13.09.2016.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1523 of 2016 Vidhata Prasad Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Memo of appearance filed today in Court by Shri Rajesh
Kumar Singh Chauhan, learned counsel appearing for the
respondents is taken on record. Let the name of Shri Rajesh
Kumar Singh Chauhan be shown as counsel for the
respondents when the case is next listed.
Present: Shri S.G. Singh, Learned Counsel for the
Applicant and Shri Rajesh Kumar Singh Chauhan, learned
counsel for the respondents, assisted by Col Kamal Singh,
OIC Legal Cell.
Learned counsel for the Respondents prays for and is
granted six weeks’ time to file objection to the Application for
condonation of delay. Replication, if any, may be filed within
two weeks next thereafter.
List this case on 13.09.2016 for
orders/admission/disposal of M.A No. 1523 of 2016.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
EX-A. No. 73 of 2016 Inre O.A. No. 183 of 2015 Hari Krishna Kumar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondent By Legal Practitioner for Respondent
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Col (Retd) Ashok Kumar & Shri Rohit Kumar,
Learned Counsel for the Applicant and Shri Yogesh
Kesarwani, Learned Counsel for the respondents, assisted by
Col Kamal Singh, OIC Legal Cell.
Learned counsel for the respondents has stated across
the bar that in compliance of the order passed by this
Tribunal, the government has already passed orders for
reinstatement of the Applicant and now it is for the Applicant
to resume the duties. A copy of the order has been provided
by the learned counsel for the respondents to the learned
counsel for the Applicant.
In view the above, since order of the Tribunal has been
complied with, Ex. Application No 73 of 2016 filed in OA no
183 of 2015 is rendered otiose and is rejected as having
become infructuous with liberty to the Applicant to report and
resume the duties forthwith in compliance of the order passed
by the Govt.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 942 of 2014 with M.A. No. 1103 of 2016 Hari Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondent By Legal Practitioner for Respondent-applicant
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri R. Chandra, Learned Counsel for the
Applicant and Shri Amit Jaiswal, Learned Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
According to the office report, objection to the
Application for condonation of delay has already been filed
and kept on record. Accordingly, the objection is taken on
record. Reply if any, may be filed within three weeks next
thereafter.
List this case for orders/admission/disposal of M.A No.
2143 of 2015 on 17.08.2016.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 424 of 2016 with M.A. No. 425 of 2016, M.A. No. 937 of 2016 Inre T.A. No. 579 of 2010
Harish Chandra Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri Dinesh Mishra, Learned Counsel for the
Petitioner and Dr. Shailendra Sharma Atal, Ld. Counsel for
the respondents, assisted by Col Kamal Singh, OIC Legal
Cell.
It is informed that objection has already been filed which
is kept on record. It is accordingly taken on record. Reply to
objection if any may be filed within three weeks.
List this case on 18.08.2016 for
admission/orders/disposal of M.A No 424 of 2016.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 644 of 2016 with M.A. No. 964 of 2016 Patil Deepak Gulab Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri D.K. Kashyap, Learned Counsel for the
applicant and Shri G.S. Sikarwar, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
This is an Application filed by the Application under
section 14 of the Armed Forces Tribunal Act for the relief of
setting aside the order of discharged which was passed while
the applicant was serving in the State of Himachal Pradesh.
The Applicant belongs to State of Maharashtra where he is
residing at his native place after discharge.
In view of the above, prima facie, no cause of action
seems to have arisen within the jurisdiction of this Tribunal
situated at Lucknow.
Hence O.A is rejected being not maintainable with
liberty to approach the appropriate forum.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 48 of 2016 Pinky Devi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri K.K. Mishra, Learned Counsel for the
applicant and Shri Virendra Singh, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Learned counsel for the Respondents prays for and is
granted four weeks’ further time to file counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks next
thereafter.
List this case on 30.08.2016 for orders.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
T.A. No. 9 of 2014 with M.A. No. 1396 of 2016 Shashi Kant Jha Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Col (Retd) Ashok Kumar & Shri Rohit Kumar,
Learned Counsel for the Petitioner and Shri A.K. Sahu, Ld.
Counsel for the respondents, assisted by Col Kamal Singh,
OIC Legal Cell.
As prayed by learned counsel for the Applicant, list this
case on 25.07.2016.
On the date fixed, learned counsel for the respondents
shall come fully prepared to argue the case.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 327 of 2011 with O.A. No. 432 of 2012 & M.A. No. 2037 of 2015
Naresh Kumar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Applicant in person and Mrs. Appoli
Shrivastava, Ld. Counsel for the respondents, assisted by Col
Kamal Singh, OIC Legal Cell.
Applicant who appears in person, seeks adjournment on
the ground of absence of his counsel namely Shri
P.N.Chaturvedi.
List this case on 17.08.2016 for further hearing.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 432 of 2012 Ajay Kumar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Applicant in person and Shri D.K. Pandey, Ld.
Counsel for the respondents, assisted by Col Kamal Singh,
OIC Legal Cell.
Applicant who appears in person, seeks adjournment on
the ground of absence of his counsel namely Shri
P.N.Chaturvedi.
List this case on 17.08.2016 for further hearing.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 519 of 2012 Yogendra Kumar Sharma Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri V.P. Pandey, Learned Counsel for the
Applicant and Shri Kaushik Chattarji, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Let original record including copy of the show cause and
reply received thereto if any be produced on the next date of
listing.
List this case for hearing on 16.08.2016.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 106 of 2014 Maya Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri K.K. Shukla, Learned Counsel for the
applicant and Shri Amit Jaiswal, Ld. Counsel for the
respondents, assisted by Wg Cdr Sardul Singh, OIC Legal
Cell.
Case called out in revised list but there is no
appearance for the Applicant. Shri Amit Jaiswal who appeared
for the respondents, vehemently opposed the O.A.
In view of the above, The O.A is accordingly rejected for
want of prosecution.
Interim order if any shall stand vacated.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 308 of 2015 Bimay Kumar Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri Krishna Lal, Learned Counsel for the
Applicant and Shri Kaushik Chattarji, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Counter affidavit filed today be taken on record. Reply to
counter affidavit if any may be filed within three weeks next
thereafter.
List this case for hearing on 16.08.2016.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4
{See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
R.A. No. 29 of 2016 Inre O.A. No. 73 of 2011 Om Prakash Rai Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
19.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Applicant in person and Shri Shyam Singh, Ld.
Counsel for the respondents, assisted by Col Kamal Singh,
OIC Legal Cell.
Applicant who appears in person, seeks adjournment on
the ground of absence of his counsel namely Shri
P.N.Chaturvedi.
List this case on 17.08.2016 for hearing.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) MH/-
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1519 of 2016 Subodh Verma Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Dr. R.S. Pande, Learned Counsel for the
Applicant and Mrs. Appoli Srivastava, learned counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Mrs. Appoli Srivastava, Ld. Counsel appearing for
respondents prays for and is granted one week’s time to file
objection on application for condonation of delay.
Applicant may file replication, if any, within next three
days.
List the case on 27.7.2016 for orders.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 155 of 2016
Brig HMS Chatwal Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri Indra Sen Singh, Learned Counsel for the
petitioner and Shri V.P.S. Vats, learned counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Grievance of the applicant is that during pendency of
disciplinary proceedings, respondent no. 4 i.e. Initiating Officer
initiated ACR entry for the period Jul 11 to Jun 12 without
seeking any permission from the higher authority in violation
of para 32 of Army Order 45/2001/MS.
The controversy requires adjudication.
Admit.
As prayed by Ld. Counsel for the respondents, six
weeks’ time is granted to file counter affidavit.
Rejoinder affidavit, if any, may be filed by Ld. Counsel
for the applicant within next two weeks thereafter.
Let notice be issued to respondent No 4 who file counter
affidavit within the next date of listing.
List the case on 19.09.2016 for orders.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 165 of 2016 Ajit Kumar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri S.P. Singh, Learned Counsel for the
Applicant and Shri S.N. Pandey, learned counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
The applicant is aggrieved with the impugned order of
discharge which according to Ld. Counsel for the applicant
has been passed on various grounds.
Admit.
Ld. Counsel for the respondents may file counter
affidavit within six weeks.
Applicant may file rejoinder affidavit, if any, within next
two weeks.
List on 19.09.2016 for orders.
Question with regard to issue notices to private
respondents 7,8 and 9 shall be considered after receipt of
counter affidavit filed by official respondents.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1501 of 2016 with M.A. No. 1502 of 2016 Inre T.A. No. 156 of 2009
Ajani Kumar Tripathi Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondent By Legal Practitioner for Respondent
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri P.N. Chaturvedi, Learned Counsel for the
Petitioner and Dr. Shailendra Sharma Atal, Learned Counsel for
the respondents, assisted by Col Kamal Singh, OIC Legal Cell.
M. A. No. 1501 of 2016
This is an application for condonation of delay in filing application
for grant of leave to appeal in T.A. No. 156 of 2009. Admittedly, the
application is time barred and has been moved beyond statutory period.
The Tribunal lacks jurisdiction to condone the delay under the Armed
Forces Tribunal Act, 2007. It is well settled proposition of law that the
Tribunal is not empowered to condone delay in moving application for
leave to appeal. Accordingly application for condonation of delay in
moving application for grant of leave to appeal is not maintainable and is
rejected.
M.A. No. 1502 of 2016
This is an application for grant of leave to appeal which has been
filed beyond the statutory period of limitation. Application for
condonation of delay has been rejected.
In consequence there of the application for leave to appeal is also
rejected.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1916 of 2015 Bal Krishna Tripathi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondent By Legal Practitioner for Respondent-applicant
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present:Ld. Counsel Shri Ved Prakash holding brief for
Shri SK Singh, Learned Counsel for the Applicant and Mrs
Anju Singh, Learned Counsel for the respondents, assisted by
Col Kamal Singh, OIC Legal Cell.
As prayed by Shri Ved Prakash, Ld. Counsel holding
brief for Shri S.K. Singh, Ld. Counsel for the applicant is
granted two weeks’ time for filing replication.
List on 16.08.2016 for orders.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 2117 of 2015 Ram Bahadur Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri V.A. Singh, Learned Counsel for the
applicant and Shri Ashish Saxena, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Shri V.A. Singh, Ld. Counsel for the applicant prays for
dismissal of M.A. as withdrawn with liberty to file afresh.
Shri Ashish Saxena, Ld. Counsel for the respondents
vehemently opposed the prayer for withdrawal of M.A.
M.A. No. 2117 of 2015 is dismissed as withdrawn with
liberty to file afresh.
No order as to costs.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. 655 of 2016 with M.A. No. 1223 of 2016 Raj Kumar Verma Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri P.N. Chaturvedi, Learned Counsel for the
applicant and Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
M.A. No. 1223 of 2016
Affidavit filed in support of application for dismissal of
M.A. is taken on record.
M.A. No. 1223 of 2016 is disposed of accordingly.
M.A. 655 of 2016
List this case on 16.08.2016 to enable Ld. Counsel Ld.
Counsel for the applicant to file reply to objection against
application for condonation of delay in filing the O.A.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
M.A. No. 1015 of 2016 Inre M.A. No. 1842 of 2014 Rajesh Kumar Awasthi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri P.N. Chaturvedi, Learned Counsel for the
Applicant and Shri Namit Sharma, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
Ld. Counsel for the respondents Shri Namit Sharma
states that objection on condonation of application shall be
filed in the Registry by today itself after serving copy on Ld.
Counsel for the applicant.
Let it be filed today.
Ld. Counsel for the applicant may file response to it
within three weeks.
List on 16.08.2016 for orders.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 393 of 2011 Shyama Devi Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: None for the applicant Shri Amit Jaiswal, Ld.
Counsel for the respondents, assisted by Col Kamal Singh,
OIC Legal Cell.
List has been revised.
Case called in the revised list in second round after pass
over.
None appeared for the applicant
Shri Amit Jaiswal, Ld. Counsel for the respondents is
present and opposed the O.A.
O.A. is dismissed for non prosecution.
Interim order, if any, is hereby vacated.
No order as to costs.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
T.A. No. 120 of 2009 B.G. Gowda Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: None for the applicant Dr. S.N. Pandey, Ld.
Counsel for the respondents, assisted by Col Kamal Singh,
OIC Legal Cell.
List has been revised.
Case called in the revised list in second round after pass
over.
None appeared for the applicant
Dr. S.N. Pandey, Ld. Counsel for the respondents is
present and opposed the T.A.
O.A. is dismissed for non prosecution.
Interim order, if any, is hereby vacated.
No order as to costs.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
T.A. No. 103 of 2012 Sita Ram Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: Shri R. Chandra, Learned Counsel for the
petitioner and Shri Shyam Singh, Ld. Counsel for the
respondents, assisted by Col Kamal Singh, OIC Legal Cell.
As prayed by Ld. Counsel for the applicant, list this case
on 18.08.2016 for orders.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
O.A. No. 214 of 2013
Indra Shekhar Singh Applicant By Legal Practitioner for the Applicant
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: None for the applicant Shri Ashish Saxena, Ld. Counsel
for the respondents, assisted by Col Kamal Singh, OIC Legal Cell.
List has been revised.
Case called in the revised list in second round after pass over.
None appeared for the applicant
Shri Ashish Saxena, Ld. Counsel for the respondents is present
and opposed the O.A.
O.A. is dismissed for non prosecution.
Interim order, if any, is hereby vacated.
No order as to costs.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Before signing the order Shri Veer Raghav Chaubey, Ld. Counsel
for the applicant appeared and pressed the O.A.
List the case on 18.08.2016 for hearing.
On the date fixed, Ld. Counsel for the Respondents shall produce
original documents pertaining to case for perusal of the Bench.
Ld. Counsel for the parties may submit/exchange synopsis/written
arguments, supported with law, if any by the date fixed.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb
Form No. 4 {See rule 11(1)} ORDER SHEET
ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 2
T.A. No. 82 of 2013 Sub Prem Chand Petitioner By Legal Practitioner for the Petitioner
Versus Union of India & Others Respondents By Legal Practitioner for Respondents
Notes of the Registry
Orders of the Tribunal
18.07.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)
Present: None for the applicant Shri Siddharth Dhaon,
Ld. Counsel for the respondents, assisted by Col Kamal
Singh, OIC Legal Cell.
List has been revised.
Case called in the revised list in second round after pass
over.
None appeared for the applicant
Shri Siddharth Dhaon, Ld. Counsel for the respondents
is present and opposed the T.A.
O.A. is dismissed for non prosecution.
Interim order, if any, is hereby vacated.
No order as to costs.
(Air Marshal Anil Chopra) (Justice D.P. Singh) Member (A) Member (J) anb