Form No. 4 ORDER SHEET ARMED FORCES …aftlko.up.nic.in/C3 Daily Order/C3-Order Sheets 18 Jan...

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

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW

Court No. 3

M.A. No. 173 of 2016 Inre O.A. No. 202 of 2013

Pradeep 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

29.01.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)

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

Appoli Shrivastava, Ld. Counsel for the respondents assisted by Lt

Col Subodh Verma, OIC Legal Cell.

Copy of the application (M.A. No. 173 of 2016) shall be

supplied to Ld. Counsel for the respondents during course of the

day, who shall file objection, if any.

List this case before appropriate bench on 02.02.2016 for

orders.

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



Court No. 3

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

Jatinder Kumar Pandey Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Anju Singh, Ld. Counsel for the respondents assisted by Lt Col

Subodh Verma, OIC Legal Cell.

Ld. Counsel for the respondents submits that the order dated

13.02.2015 of the Tribunal has been complied with.

Shri V.P. Pandey, Ld. Counsel for the applicant admits that the

order has been complied with.

In view of above, Execution Application loses its efficacy and is

rejected as infructuous.




Court No. 3

M.A. No. 107 of 2016 with R.A. No. 4 of 2016 Inre T.A. No. 62 of 2012

Union of India & Ors Petitioner By Legal Practitioner for Petitioner

Versus Capt VP Singh Respondents By Legal Practitioner for Respondent

Notes of the

Registry



Present : Shri D.K. Pandey, Ld. Counsel for the petitioner assisted by

Lt Col Subodh Verma, OIC Legal Cell. None for the respondent

List this case on 05.02.2016 for orders before the appropriate

bench.




Court No. 3

O.A. No. 432 of 2012 with M.A. No. 139 of 2016 & M.A. No. 140 of 2016

Ajay Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Applicant Shri Ajay Kumar Singh in person and Shri D.K.

Pandey, Ld. Counsel for the respondents assisted by Lt Col Subodh

Verma, OIC Legal Cell.

M.A. No. 139 of 2016

Reply to objection on amendment application filed by Ld. counsel

for the applicant is taken on record.

M.A. No. 139 of 2016 is disposed of accordingly.

M.A. No. 140 of 2016

Reply to objection on supplementary affidavit filed by Ld. counsel

for the applicant is taken on record.


O.A. No. 432 of 2012

Applicant Shri Ajay Kumar Singh present in person submits that

his Ld. Counsel Shri P.N. Chaturvedi is not available today and prays

for adjournment of the case.

List this case on 12.02.2016 for orders.




Court No. 3

O.A. No. 223 of 2014 with Dy. No. 866 of 2015 & M.A. No. 1324 of 2015

Ramesh Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Applicant Ramesh Singh in person and Lt Col Subodh

Verma, OIC Legal Cell for the respondents.

M.A. No. 1324 of 2015

Rejoinder affidavit filed by Ld. Counsel for the applicant is taken on

record.


O.A. No. 223 of 2014

Applicant Shri Ramesh Singh present in person submits that his

Ld. Counsel Shri P.N. Chaturvedi is not available today and prays for

adjournment of the case.





Court No. 3

O.A. No. 174 of 2015

Jageshwar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Shailendra Sharma Atal, Ld. Counsel for the respondents assisted by

Lt Col Subodh Verma, OIC Legal Cell.

As prayed by Ld. Counsel for the respondents, one week’s further

time is granted for filing counter affidavit. Ld. Counsel for the

applicant is granted one week’s time thereafter for filing rejoinder

affidavit, if any.



Form No. 4

[See rule 11(1)] ORDER SHEET


Court No. 3

O.A. No. 312 of 2015

Ramakant Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

V.P.S. Vats, Ld. Counsel for the respondents assisted by Lt Vikrant,

OIC, Legal Cell, Navy.

It has been pleaded that document of 2006 of Appellate Medical

Board has not been filed along with the O.A.

All these facts be brought on record through counter affidavit by the

respondents. Respondents may also file complete copies along with

their objection, if any, to the present O.A. while filing counter affidavit.

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

time is granted to file counter affidavit. Rejoinder affidavit, if any, may

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





Court No. 3

T.A. No. 29 of 2014

Lal Babu Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Ld. counsel Shri V.P. Pandey holding brief of Shri Rajan

Mishra, Ld. Counsel for the petitioner and Shri Amit Jaiswal, Ld.

Counsel for the respondents assisted by Wg Cdr Sardul Singh, OIC

Legal Cell, Air Force.

From perusal of record it transpires that Ld. counsel Shri Rajan

Mishra has not appeared in the court since long. Let a notice be

issued to the applicant by Regd. Post to inform him to make an

arrangement so that the case may be finally heard on the next date.

It shall be open to the applicant to change his counsel.

List this case on 16.02.2016 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.




Court No. 3

O.A. No. 130 of 2010

Parmatma Nand Ram Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

V.P.S. Vats, Ld. Counsel for the respondents assisted by Lt Col


List this case on 01.02.2016 for further hearing before appropriate

Bench immediately after regular Bench.



Bench.



date fixed.




Court No. 3

O.A. No. 235 of 2013

Ajai Gond Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

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


As prayed by Ld. Counsel for the applicant, list on 08.02.2016 for

hearing.



Bench.



date fixed.




Court No. 3

T.A. No. 90 of 2011

Saroj Kumar Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

Singh, Ld. counsel for the petitioner and Mrs Anju Singh, Ld. Counsel

for the respondents assisted by Lt Col Subodh Verma, OIC Legal

Cell.

Ld. counsel Shri R. Chandra submits that Shri Yashpal Singh is

not available today and prays for adjournment of the case.

As prayed, list this case on 17.02.2016 for hearing.



Bench.



date fixed.




Court No. 3

T.A. No. 103 of 2012

Sita Ram Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

Shyam Singh, Ld. Counsel for the respondents assisted by Lt Col


Ld. Counsel for the respondents submits that original documents

pertaining to the case are not available today and prays for





Bench.



date fixed.




Court No. 3

T.A. No. 42 of 2013 with M.A. No. 1163 of 2015

Vijay Kumar Verma Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Applicant Shri Vijay Kumar Verma and Mrs Appoli

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


Applicant Shri Vijay Kumar Verma present in person submits that

his Ld. Counsel Shri P.N. Chaturvedi is not available today and prays

for adjournment of the case.




Bench.



date fixed.


Form No. 4



Court No. 3

T.A. No. 85 of 2013

Umesh Kumar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

Kaushik Chatterji, Ld. Counsel for the respondents assisted by Lt Col


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

19.02.2016 for hearing.



Bench.



date fixed.

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



Court No. 3

M.A. No. 153 of 2016 with R.A. No. 7/2016 Inre T.A. No. 227 of 2010

Union of India & Others Petitioner By Legal Practitioner for Petitioner

Versus Jaswant Singh Respondents By Legal Practitioner for Respondents

Notes of the

Registry



Present : Dr. S.N. Pandey, Ld. Counsel for the petitioner and Shri

V.P. Pandey, Ld. Counsel for the respondents assisted by Lt Col


List before the appropriate bench on 04.02.2016 for order.




Court No. 3

Dy. No. 2091 of 2015

Diwan Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



As prayed by Ld. Counsel for the respondents, two weeks’ time

further is granted to file supplementary affidavit.

Supplementary rejoinder affidavit, if any, may be filed within one

week thereafter.





Court No. 3

M.A. No. 1917 of 2015 with R.A. No. 18 of 2015 Inre O.A. No. 30 of 2013

Union of India & Others Applicant By Legal Practitioner for Applicant

Versus Jeetendra Singh Respondents By Legal Practitioner for Respondents

Notes of the

Registry



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

V.A. Singh, Ld. Counsel for the respondents assisted by Lt Col



On said date, Office shall submit report regarding service of notice.




Court No. 3

M.A. No. 1958 of 2015 with M.A. No. 81 of 2016

Anoop Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



M.A. No. 81 of 2016

Objection on application for condonation of delay filed by Ld.

Counsel for the respondents is taken on record.


M.A. No. 1958 of 2015

Ld. Counsel for the applicant submits that he has received

objection on application for condonation of delay on 08.01.2016. He

prays for and is granted two weeks’ time to file reply to the objection.





Court No. 3

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

Gyan Chand Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Bachchan Singh, Shri Pravir Singh, Ld. Counsel for the

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

respondents assisted by Lt Col Subodh Verma, OIC Legal Cell.

M.A. No. 2311 of 2015

This is an plication for condonation of delay for recall of order

dated 04.12.2013. While moving the application for condonation of

delay, Ld. counsel for the applicant has invited attention to another

application dated 12.09.2013 by which he has made prayer for

adjournment of the case from 17.09.2013 to 04.10.2013. It appears

that on 17.09.2013 attention of the Tribunal was not invited to the

adjournment of the case from 17.09.2013 to 04.10.2013 and in

consequence thereof the T.A. was dismissed for non prosecution.

Feeling aggrieved with the order of dismissal, the present

application for condonation of delay in filing restoration has been filed.

Though the delay has not been explained elaborately but it is fault of

the registry who has not invited attention of the Court/Tribunal for


It is well settled proposition of law that no one will suffer for the

fault of the Court/Tribunal. Hon’ble Apex Court from time to time has

held that while deciding the application for recall of order the Court

should have liberal approach to ensure that there is no miscarriage of

justice. Moreover, in the present case, since the case was dismissed

for non prosecution for the fault of Registry, the order should be

recalled. Since the applicant had filed application for adjournment and

the attention of the Tribunal was not invited to application for

adjournment, we are of the view that for substantial justice the order

should be recalled.

Accordingly we condone the delay in filing.


M.A. No. 2312 of 2015

Order dated 04.12.2013 dismissing the T.A. for non

prosecution is recalled and the case is restored to its original

number.

M.A No. 2312 of 2015 is disposed of accordingly.

T.A. No. 19 of 2013





Court No. 3

O.A. No. 143 of 2012

Onkar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Amrita Chakraborty, Ld. Counsel for the respondents assisted by Lt



08.02.2016 for orders.


Form No. 4



Court No. 3

O.A. No. 158 of 2015 with M.A. No 177 of 2016

Indresh Vishwakarma Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



M.A. No. 177 of 2016

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

on record.

M. A. No 177 of 2016 is disposed of accordingly.

O.A. No. 158 of 2015

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

file Rejoinder Affidavit.





Court No. 3

O.A. No. 331 of 2015

Nem Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Applicant Shri Nem Singh in person and Mrs Anju Singh,

Ld. Counsel for the respondents assisted by Lt Col Subodh Verma,

OIC Legal Cell.

Applicant Sri Nem Singh submits that his Ld. Counsel is not

available today and prayed for adjournment of the case.

As prayed, list this case on 16.02.2016 for orders.




Court No. 3

T.A. No. 420 of 2010

Inder Bhan Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

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


Twenty-four hours further time is allowed to Ld. Counsel for the

petitioner to take steps in terms of order dated 14.02.2016. In case

steps are not taken within the aforesaid period, the T.A. shall be

deemed to be dismissed under the Rules of the Tribunal.

List the case on 17.02.2016 for orders.




Court No. 3

T.A. No. 1207 of 2010

Smt Vimla Devi Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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



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

weeks’ time to file supplementary rejoinder affidavit.





Court No. 3

T.A. No. 86 of 2011

GC Yadav Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry






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




Bench.



date fixed.




Court No. 3

O.A. No. 175 of 2014

Lt Col Harshwardhan Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

R.K.S. Chauhan, Ld. Counsel for the respondents assisted by Lt Col

Subodh Verma, OIC Legal Cell and Col NK Ohri, VSM, Col MS

(Legal), MS Branch, IHQ of MoD (Army), New Delhi.

List before appropriate Bench on 08.02.2016 for further hearing.

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

original documents pertaining to case for perusal of the Bench.

Ld. Counsel for the parties may submit/exchange synopsis/written

arguments, supported with law, if any by the date fixed.


Form No. 4



Court No. 3

O.A. No. 279 of 2014

Col AP Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri R. Chandra, holding brief for Shri K.C.

Ghildiyal, Ld. Counsel for the applicant and Shri Rajiv Pandey, Ld.

Counsel for the respondents assisted by Lt Col Subodh Verma, OIC

Legal Cell and Col NK Ohri, VSM, Col MS (Legal), MS Branch, IHQ of

MoD (Army), New Delhi.

Ld. Counsel Shri R. Chandra has made request for adjournment

of the case on the ground that his senior Shri K. C. Ghildiyal is not

available today.

List this case before appropriate Bench on 08.02.2016 for further

hearing in terms earlier order.

We provide that in case Ld. Counsel Shri K. C. Ghildiyal is not in

a position to attend the Tribunal, then alternate arrangement shall be

made and the O.A. shall be heard and disposed of finally on the date

fixed.






Form No. 4



Court No. 3

O.A. No. 16 of 2015

Aditya Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Shailendra Sharma Atal, Ld. Counsel for the respondents.

Ld. Counsel Dr. Shailendra Sharma Atal appeared for the

respondents and made a prayer for adjournment of the case. The

Tribunal vide orders dated 03.09.2015, 16.09.2015, 08.10.2015 and

05.11.2015 directed the respondents to produce the original record

pertaining to the case. In spite of four chances provided to the

respondents, record has not been produced. Even today, Ld.

Counsel for the respondents has made prayer for adjournment of the

case on the ground that original record is not available.

However, in the interest of justice, last opportunity is granted to the

respondents to produce the record in terms of earlier orders of the

Tribunal.









Court No. 3

O.A. No. 72 of 2015 with M.A. No. 1783 of 2015

Shreepad Bhat Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri I, Baghel, Ld. Counsel for the applicant and Shri Amit

Sharma, Ld. Counsel for the respondents assisted by Wg Cdr Sardul

Singh, OIC., Legal Cell, Air Force.

M.A. No. 1783 of 2015

Rejoinder affidavit filed by Ld. Counsel for the applicant is

taken on record.


O.A. No. 72 of 2015

Heard Ld. Counsel for the parties at some length. Arguments to

continue.

List this case on 17.02.2016 for further hearing.



Bench.



date fixed.


Form No. 4



Court No. 3

O.A. No. 202 of 2015

Brig HS Ratnaparkhi Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri R. Chandra holding brief for Shri K.C.

Ghildiyal, Ld. Counsel for the applicant and Shri D.K. Pandey, Ld.


Legal Cell and Col NK Ohri, VSM, Col MS (Legal), MS Branch, IHQ of

MoD (Army), New Delhi.

Ld. Counsel Shri R. Chandra has made request for adjournment of

the case on the ground that his senior Shri K. C. Ghildiyal is not

available today.

List this case on 08.02.2016 for hearing in terms earlier order

dated 11.01.2016.

We provide that in case Ld. Counsel Shri K. C. Ghildiyal is not in

a position to attend the Tribunal, then alternate arrangement shall be

made and the O.A. shall be heard and disposed of finally on the date

fixed.




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

fixed.


Form No. 4



Court No. 3

T.A. No. 1067 of 2010

Prabhash Srivastava Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Yashpal Singh, Ld. Counsel for the petitioner and Shri

V.P.S. Vats, Ld. Counsel for the respondents.

A prayer has been made by Ld. Counsel for the respondents for

adjournment of the case on the ground that records are being

reconstructed.









Court No. 3

T.A. No. 1346 of 2010

Shesh Nath Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Ziauddin Khan, Ld. Counsel for the petitioner and Ms.



Ld. Counsel for the respondents submitted that the controversy

in question should be listed before Court No. 2 since it relates to

dismissal.

List this case before appropriate Bench on 09.02.2016 for

hearing.




Court No. 3

M.A. No. 157 of 2016 with R.A. No 8 of 2016 Inre O.A. No. 231 of 2014

Union of India & Ors Applicant By Legal Practitioner for Applicant

Versus Basant Kumar Singh Respondents By Legal Practitioner for Respondents

Notes of the

Registry



Present: Mrs Appoli Srivastava, Ld. Counsel for the

applicant/respondents for the respondents assisted by Lt Col Subodh


M.A. No. 157 of 2016

Registry is directed to issue notice through registered post to

applicant/respondent Basant Kumar Singh in O.A. No. 231 of

2014 returnable at an early date.





Court No. 3

M.A. No. 1952 of 2015 along with M.A. No. 171 of 2016.

BD Prajapati Applicant By Legal Practitioner for Applicant

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

Notes of the

Registry



Present : Ld Counsel Shri Vinay Pandey holding brief of Shri A.P.

Singh, Ld. Counsel for the applicant and Shri D.K. Pandey, Ld.


Legal Cell.

M.A. No. 171 of 2016.

Objection on application for condonation of delay filed by Ld.

Counsel for the respondents is taken on record.

M.A. No . 171 of 2016 is disposed of accordingly.

M.A. No. 1952 of 2015

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

time to file reply to the objection on application for condonation of

delay.





Court No. 3


Imran Khan Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Parijaat Belaura, Ld. Counsel for the applicant and Dr.



Ld. Counsel for the applicant submits that cost has been

deposited. From perusal of the record, it transpires that receipt

thereof has not been submitted in the office.


11.02.2016 for orders. By said date, Ld. Counsel for the applicant

shall ensure that receipt is deposited in the office.




Court No. 3


Om Prakash Rai Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



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

weeks’ time to file objection on amendment application.





Court No. 3

O.A. No. 160 of 2011 along with M.A. No. 169 of 2016

Jagbir Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Pratap Singh Vats, Ld. Counsel for the respondents assisted by Lt


M.A. No. 169 of 2016

Rejoinder affidavit filed by Ld. Counsel for the applicant is

taken on record.


O.A. No. 160 of 2011

We have heard Ld. Counsel for the parties and perused the

record.

After hearing Ld. Counsel for the parties, we are of the view

that the respondents should bring on record through

supplementary affidavit entire material with regard to allegation

whereby the applicant is alleged to have molested two minor

girls. Let supplementary affidavit be filed within two weeks.

Supplementary rejoinder affidavit, if any may filed by Ld.

Counsel for the applicant within one week thereafter.





Court No. 3

O.A. No. 377 of 2012

Arvind Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

and Shri Yogesh Kesarwani, Ld. Counsel for the respondents

assisted by Lt Col Subodh Verma, OIC Legal Cell.

Three weeks’ further time and no more is granted to Ld. Counsel

for the respondents to file counter affidavit.

Ld. Counsel for the applicant may file rejoinder affidavit, if any,

within two weeks thereafter.





Court No. 3


Ashok Kumar Kushwaha Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present :Ld. Counsel Sri V.P. Pandey holding brief of Shri Yashpal

Singh, Ld. Counsel for the applicant and Shri Kaushik Chatterji, Ld.


Legal Cell.

M.A. No. 2195 of 2015

Rejoinder affidavit filed by the Ld. Counsel for the applicant is

taken on record.


O.A. No. 89 of 2015

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

time is granted to file counter affidavit on behalf of respondent no. 5.

One week’s time thereafter is granted to Ld. Counsel for the

applicant to file rejoinder affidavit, if any.





Court No. 3

O.A. No. 109 of 2015

Govind Shukla Applicant By Legal Practitioner for Applicant


Notes of the

Registry




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

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

further time to file supplementary rejoinder affidavit.



Form No. 4



Court No. 3

O.A. No. 150 of 2015

Krishan Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Verma, Ld. Counsel for the applicant and Mrs. Deepti Prasad Bajpai,


OIC Legal Cell.

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

further time to file rejoinder affidavit.





Court No. 3


Pratap Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Shri Kaushik Chatterji, Ld. Counsel for the respondents assisted by Lt


M.A. No. 28 of 2016

Counter affidavit filed by Ld. Counsel for the respondents is

taken on record.


O.A. No. 156 of 2015

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

weeks’ further time to file rejoinder affidavit.





Court No. 3

O.A. No. 170 of 2015

Radhdy Shyam Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



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

week’s further and no more time to file counter affidavit.

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

applicant within one week thereafter.





Court No. 3

T.A. No. 473 of 2010

BP Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

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


We have heard Ld. Counsel for the parties and perused the

record.

Ld. Counsel for the respondents prays for and is granted a weeks’

further time to prepare the case and produce original record

pertaining to case.




Bench.



date fixed.




Court No. 3

T.A. No. 1122 of 2010

Vishnu Deo Tiwari Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Petitioner in person and Wg Cdr Sardul Singh, for the

respondents.

List before the appropriate bench on 17.02.2016 for further

hearing.



Bench.



date fixed.


Form No. 4



Court No. 3


Digvijay Singh Bhadauria Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Rakesh Jauhari, Ld. Counsel for the petitioner and Shri



List this case before the appropriate Bench on 04.02.2016 for

further hearing.



Bench.



date fixed.


Form No. 4



Court No. 3

T.A. No. 726 of 2010

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


Notes of the

Registry



Present : Shri R.K.S. Chauhan, Ld. Counsel for the petitioner and Shri

Rajesh Kumar Singh Chauhan, Ld. Counsel for the respondents


Ld. Counsel for the applicant submits that no criminal case is

pending against the applicant, either at trial stage or at appellate

stage.

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

week’s time to seek instructions as regards the alleged pendency of

criminal trial/appeal.





Court No. 3

T.A. No. 13 of 2011

Baban Prasad Tiwari Petitioner By Legal Practitioner for Petitioner

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

Notes of the

Registry



Present : None for the petitioner and Mrs Appoli Srivastava, Ld.


Legal Cell.

List has been revised. None is present on behalf of the petitioner

in second round after pass over.

Ld. counsel for the respondents is present.

Case is dismissed for non-prosecution.

Interim order, if any, is hereby vacated.




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

M.A. No. 148 of 2016 with M.A. No. 149 of 2016 Inre O.A. No. 472 of 2012

Dhanendra Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry


25.01.2016 Hon’ble Mr. Justice V.K. Dixit, Member (J) Hon’ble Lt Gen Gyan Bhushan, Member (A)




M.A. No. 148 of 2016

This is an application for condonation of delay in filing the

application for restoration of the O.A.

The reasons shown in the application for delay in filing the

application for condonation of delay seem to be genuine.

Delay in filing the application is condoned accordingly.


M.A. No. 149 of 2016

Heard Ld. Counsel for the parties on application for

restoration of the O.A..

Order dated 20.11.2015 is recalled provided the applicant

deposits a sum of Rs. 500/- as cost within seven days in the

account of Armed Forces Tribunal Bar Association Library for

purchase of books. On production of receipt of deposit, the case

shall be restored to its original number.

O.A. No. 472 of 2012


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




O.A. No. 37 of 2015

Bheekam Singh Pal Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Dileep Singh, Ld. Counsel for the respondents.

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

time to file rejoinder affidavit.







Awadhesh Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Deepti Prasad Bajpai, Ld. Counsel for the respondents assisted by Lt


M.A. No. 162 of 2016

Rejoinder affidavit filed by the applicant is taken on record.


O.A. No. 69 of 2015

Pleadings are complete. The case is ripe for hearing.

List the case on 12.02.2016 for hearing.



Bench.



date fixed.





O.A. No. 140 of 2015

Lalmani Singh Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri D.N. Pandey, Ld. Counsel for the applicant and Lt Col

Subodh Verma, OIC Legal Cell, for the respondents.

Rejoinder affidavit filed by the applicant is already on record.

Pleadings are complete. The case is ripe for hearing.




Bench.



date fixed.


Form No. 4





Amar Nath Singh Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri R.M. Pandey, Ld. Counsel for the applicant and Dr.

Shailendra Sharma Atal, Ld. Counsel for the respondents.

From perusal of record it transpires that in compliance of order

dated 04.11.2015 cost of Rs. 5000/- has been deposited by the

respondents.

Pleadings have been exchanged. The case ripe for hearing.




Bench.



date fixed.





O.A. No. 343 of 2015

Lt Col Sunil Jain Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Vijay Pratap Singh Vats, Ld. Counsel for the respondents assisted by



weeks’ time to file counter affidavit.

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






R.A. No. 19 of 2015 with M.A. No. 132 of 2016 Inre O.A. No. 255 of 2012

Maj Gen R.S. Rathore Applicant By Legal Practitioner for Applicant

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

Notes of the

Registry



Present : Shri S.S. Rajawat, Ld. Counsel for the applicant. Shri Sunil

Sharma, Ld. Counsel for the respondent No 2 assisted by Lt Col

Subodh Verma, OIC Legal Cell & Shri Ankur Chhiber and Shri R.

Chandra, Ld. Counsels for the respondent No 1. Ld. Counsel for

the respondent No 2 prays for and is granted 10 days’ time to file

objection to the review application.

On joint request made by Ld. Counsel for the parties, list this case

on 08.02.2016 for peremptory hearing.


Form No. 4




O.A. No. 316 of 2012

Krishna Kant Pandey Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Amit Sharma, Ld. Counsel for the respondents assisted by Lt Col



on 12.02.2016 for hearing.



Bench.



date fixed.





O.A. No. 39 of 2015

Shiv Nath Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Wg Cdr (Retd) A.K. Singh, Ld. Counsel for the applicant and

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

by Lt Col Subodh Verma, OIC Legal Cell.


on 18.02.2016 for hearing.



Bench.



date fixed





T.A. No. 163 of 2009

RV Prasad Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri K.K. Singh holding brief of Shri T.N. Tiwari, Ld.

Counsel for the petitioner and Lt Col Subodh Verma, OIC Legal Cell

for the respondents.

Ld. counsel for the applicant prays for adjournment on the ground

that Shri T.N. Tiwari is not available today.

Ld. Counsel for the respondents has no objection.




Bench.



date fixed.

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




O.A. No. 125 of 2013 with M.A. No. 23 of 2016 Inre O.A. No. 125 of 2013

Abhishek Pandey Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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


Wg Cdr Sardul Singh, OIC., Legal Cell.

During course of hearing, question cropped up whether Rule

15 of the Air Force Rules, 1969 which provides the competence

of the authority to discharge Air Force personnel by Air Officer

Incharge (Administration) has been duly amended as argued by

Ld. Counsel for the respondents.

Let copy of the Gazette Notification be filed along with

supplementary affidavit by respondents bringing on record

amendment done, if any, in Rule 15 of the Air Force Rules, 1969.

Respondents shall also bring on record as to whether and

how policy relating to issuance of two warnings is mandatory.

Respondents shall also explain with regard to validity and

binding nature of Policy Letter dated 18.12.1996 within three

weeks.

List the case on 17.02.2016 for further hearing.





M.A. No. 2089 of 2015 with M.A. No. 2090 of 2015 Inre T.A. No. 1380 of 2010

Kashi Singh Yadav Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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



In compliance of order dated 04.11.2015 of this Tribunal, receipt

for Rs. 500/- deposited as cost, has been filed by Ld. Counsel for the

petitioner. The case is restored on its original number.

From perusal of record it transpires that the case was dismissed

for non prosecution at the stage of further hearing.




Bench.



date fixed.





M.A. No. 2357 of 2015 Inre O.A. No. Nil of 2015

PK Mahapatra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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




weeks time to file objection on application for condonation of delay.






M.A. No. 15 of 2016 Inre M.A. No. 2056 of 2015 With M.A. No. 2223 of 2015

Raghwendra Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



M.A. No 15 of 2016

Recall application is allowed. Order dated 04.12.2015 is

recalled subject to payment of Rs 500/- as cost within one week

by Ld. Counsel for the applicant, which shall be remitted to the

Bar Association Library, A.F.T., Lucknow for purchase of books.

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

number.







Krishan Lal Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

and Shri Ashish Saxena, Ld. Counsel for the respondents assisted by


Ld. Counsel for the petitioner prays for and is granted further two

weeks time to file Supplementary Rejoinder Affidavit.






T.A. No. 92 of 2013

Ram Bali Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

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


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

two weeks time to file Supplementary Counter Affidavit.

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

for the petitioner within ten days, thereafter.


Ld. Counsel for the petitioner shall file copy of amended T.A. by

the date fixed.





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 Applicant


Notes of the

Registry



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

Appoli Srivastava, Ld. Counsel for the respondents assisted by Lt Col


On joint request, list this case on 03.02.2016 for hearing.



Bench.



date fixed.





O.A. No. 111 of 2014

SA Nabi Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Yogesh Kesarwani, Ld. Counsel for the respondents assisted by Lt





Bench.



date fixed.





O.A. No. 213 of 2014

Veer Pratap Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry




and Shri Shyam Singh, Ld. Counsel for the respondents assisted by





Bench.



date fixed.





O.A. No. 214 of 2014

Chunni Lal Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry




and Ms Anju Singh, Ld. Counsel for the respondents assisted by Lt





Bench.



date fixed.





O.A. No. 215 of 2014

Rameshwar Dyal Applicant By Legal Practitioner for Applicant


Notes of the

Registry




and Mrs. Deepti Prasad Bajpai, Ld. Counsel for the respondents





Bench.



date fixed.





T.A. No. 718 of 2010

CDP Yadav Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry









Bench.



date fixed.


Form No. 4




T.A. No. 1446 of 2010

AB Natu and Others Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : ShriLalit Kumar, Dr. Ashish Asthana, Ld. Counsel for the

petitioner and Shri Sunil Sharma, Ld. Counsel for the respondents


Ld. Counsel for the respondents submits that original record

pertaining to case is not available today and prays for adjournment of

the case. Ld. Counsel for the petitioner has no objection. He submits

that due to personal reasons he is unable to attend the court till first

weeks of April 2016.



produce original documents pertaining to case alongwith relevant

policy on the subject for perusal of the Bench.



date fixed.





T.A. No. 1497 of 2010 MS Nagar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Lalit Kumar, Ld. Counsel for the petitioner and Shri



Ld. Counsel for the respondents submits that original record


the case. Ld. Counsel for the petitioner has no objection. He submits

that due to personal reasons he is unable to attend the court till first

weeks of April 2016.



produce original documents pertaining to case on the subject for

perusal of the Bench.



date fixed.


Form No. 4


ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW Court No. 3 (case taken in Court No.1)

M.A. No. 131 of 2016

Raj Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri O.P. Kushwaha, Ld. Counsel for the applicant and Mrs

Amrita Chakraborty Ld. Counsel for the respondents assisted by Lt



weeks time to file objection on application for condonation of delay as

well as on maintainability of the case.







Rakshpal Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Pandey, Ld. Counsel for the respondents assisted by Lt Col Subodh


On joint request, list this case on 02.02.2016 for orders.






Birendra Dubey Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri Rohit Kumar, holding brief of Shri P.N.

Chaturvedi, Ld. Counsel for the applicant and Mrs Appoli Shrivastava,


OIC Legal Cell.

Ld. Counsel Shri Rohit Kumar submits that Shri P.N. Chaturvedi is

busy in other court and prays for adjournment of the case. Ld.

Counsel for the respondents has no objection. In the interest of

justice, the case is adjourned.



Form No. 4





Anurag Khanaka Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri Rohit Kumar holding brief of Shri P.N.

Chaturvedi, Ld. Counsel for the applicant and Shri Kaushik Chatterji,


OIC Legal Cell.










O.A. No. 144 of 2014 with Diary No. 954 of 2015

Col Pramod Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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


Lt Col Rupesh M, M.S. Branch, Army Headquarters and Lt Col







O.A. No. 201 of 2014

Col HS Bacchal Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri V.A. Singh, holding brief of Maj (Retd) R.D.

Singh, Ld. Counsel for the applicant and Mrs Anju Singh, Ld. Counsel

for the respondents assisted by Maj Baivhav, M.S. Branch, Army

Headquarters, and Lt Col Subodh Verma, OIC Legal Cell.

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

two weeks time to file objection on amendment application.



Form No. 4




O.A. No. 82 of 2015

Havildar Jai Narain Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Chaturvedi, Ld. Counsel for the applicant and Shri Ramesh Chandra

Shukla, Ld. Counsel for the respondents assisted by Lt Col Subodh


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

on record.

Pleadings have been exchanged. The case is ripe for hearing.




Bench.



date fixed.






Yuvraj Vishwakarma Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Nishant Verma, Ld. Counsel for the applicant and Mrs



M.A. No. 125 of 2016

Counter Affidavit filed by Ld. Counsel for the respondents is

taken on record.

M.A. No 125 of 2016 is disposed of accordingly.

O.A. No. 119 of 2015

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

weeks time to file Rejoinder Affidavit.






O.A. No. 157 of 2015

Himanshu Goswami Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Yash Pal Singh, Ld. Counsel for the applicant and Mrs



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







T.A. No. 11 of 2010

Rajeev Kumar Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Dr. N.L. Pandey, Ld. Counsel for the petitioner and Mrs Anju

Singh, Ld. Counsel for the respondents assisted by Lt Col Subodh


Ld. Counsel for the petitioner submits that he is not prepared to

argue the case today and prays for adjournment. Ld. Counsel for the

respondents has no objection. In the interest of justice, the case is

adjourned.




Bench.



date fixed.


Form No. 4




T.A. No. 1332 of 2010

Shivanand Chaubey Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Chaturvedi, Ld. Counsel for the petitioner and Shri Virendra Kumar










Bench.



date fixed.






Shatrughan Singh Chauhan Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri V.A. Singh, Ld. Counsel for the petitioner and Mrs

Appoli Srivastava, Ld. Counsel for the respondents assisted by Lt Col


On joint request, list this case on 05.02.2016 for further hearing.



Bench.



date fixed.




O. A. No. 281 of 2012 with M.A. No. 1821 of 2015

Sube Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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





Bench.



date fixed.





O.A. No. 50 of 2013

SK Parida Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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






Bench.



date fixed.





O.A. No. 267 of 2014 with O.A. No. 231 of 2013

Ashok Kumar Yadav Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



On joint request, list this case 11.02.2016 for hearing.



Bench.



date fixed.





O.A. No. 54 of 2015

Lt Col Nardeep Singh Panjrath Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Mishra, Ld. Counsel for the applicant and Shri Ashish Saxena, Ld.

Counsel for the respondents assisted by Maj Baibhav, from M.S.

Branch, Army Headquarters and Lt Col Subodh Verma, OIC Legal

Cell.




Bench.



date fixed.





Dheeraj Kumar Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri O.P. Kushwaha, Ld. Counsel for the applicant and Dr.






Bench.



date fixed.





T.A. No. 37 of 2010 with M.A. No 143 of 2016

Ghanshyam Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

Pratap Singh Vats, Ld. Counsel for the respondents assisted by Lt


M.A. No 143 of 2016

Supplementary Rejoinder Affidavit filed by Ld. Counsel for the

petitioner is taken on record.


T.A. No. 37 of 2010

Pleadings have been exchanged. The case is ripe for

hearing.




Bench.



date fixed.





T.A. No. 363 of 2010

Ravi Shankeram Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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






Bench.



date fixed.





T.A. No. 887 of 2010

Niranjan Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Chaturvedi, Ld. Counsel for the petitioner and Shri Ashish Saxena,


OIC Legal Cell.








Bench.



date fixed.





T.A. No. 1295 of 2010

Chandra Deo Ram Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry









Bench.



date fixed.





M.A. No. 114 of 2016

Nihal Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Yogesh Kesarwani, Ld. Counsel for the respondents assisted by Lt



weeks time to file objection on application for condonation of delay.






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

Gyan Chand Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Bachchan Singh, Ld. Counsel for the petitioner and Dr.



Ld. Counsel for the respondents prays for and is granted further 7

days time to file objection on application for condonation of delay in

filing restoration application.







Jaswant Singh Baghel Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri O.P. Kushwaha, Ld. Counsel for the applicant and Mrs.

Appoli Shrivastava Ld. Counsel for the respondents assisted by Lt Col


Ld. Counsel for the respondents submits that she has not received

the copy of application for leave to appeal. Ld. Counsel for the

applicant submits that he will provide the copy of the application for

leave to appeal during the course of day.





M.A. No. 107 of 2016 with R.A. No. 4 of 2016

Inre T.A. No. 62 of 2012

Union of India Petitioner By Legal Practitioner for Petitioner

Versus Capt VP Singh Respondents By Legal Practitioner for Respondents

Notes of the

Registry



Present : Shri D.K. Pandey, Ld. Counsel for the petitioner assisted by

Lt Col Subodh Verma, OIC Legal Cell and Shri Rakesh Johri holding

brief of Smt Poonam Singh, Ld. Counsel for the respondents.

On joint request, list this case on 29.01.2016 for orders

showing the name of Ld. Counsel for the respondents.






Prashant Kumar Sahoo Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



M.A. No. 110 of 2016

Heard Ld. Counsel for the parties on application for

condonation of delay in filing recall application.

Reason shown in application for condonation of delay in filing

recall application is sufficient. The delay is condoned.


M.A. No 111 of 2016

Recall application is allowed. Order dated 24.11.2015 is

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

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

Library, A.F.T., Lucknow for purchase of books. On production

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

O.A. No. 154 of 2013






M.A. No. 1245 of 2014

Ajay Pal Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Smt Mamta Pandey, Ld. Counsel for the applicant and Shri








O.A. No. 160 of 2011

Jagbir Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



Ld. Counsel for the applicant prays for and is granted further 3

days time to file Rejoinder Affidavit.



Form No. 4




O.A. No. 57 of 2015

Col Sudeep Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Sunil Sharma, Ld. Counsel for the respondents assisted by Lt Col


Ld. Counsel for the respondents prays for and is permitted to file

Counter Affidavit during course of the day. Rejoinder Affidavit, if any,

may be filed by Ld. Counsel for the applicant within a week,

thereafter.






O.A. No. 103 of 2015

Amar Singh Baliyan Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri Ashok Singh, Ld. Counsel for the applicant and Mrs



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

on record.

Pleadings have been exchanged. The case is ripe for hearing.




Bench.



date fixed.





T.A. No. 1346 of 2010

Shesh Nath Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present: None for the petitioner and Ms Amrita Chakraborty, Ld.


Legal Cell.

Adjournment application moved by Ld. Counsel for the petitioner

is taken on record. In the interest of justice, the case is adjourned.

List this case on 28.01.2016 for hearing before the appropriate

bench.



Bench.



date fixed.





O.A. No. 264 of 2014

Col Mahesh Kumar Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : None for the applicant and Shri Sunil Sharma, Ld. Counsel

for the respondents assisted by Lt Col Subodh Verma, OIC Legal

Cell.

Case called out. None is present on behalf of applicant in second

round after pass over. In the interest of justice, the case is adjourned.




Bench.



date fixed.





T.A. No. 872 of 2010

Ranjit Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri R. Chandra, Ld. Counsel for the petitioner and Lt Col

Subodh Verma, OIC Legal Cell for the respondents.




Bench.



date fixed.





O.A. No. 163 of 2015

Lt Col Ray Gautam Prasad Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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



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







T.A. No. 131 of 2009

Rakesh Kumar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Petitioner Shri Rakesh Kumar in person and Mrs Anju



The petitioner submits that his Ld. Counsel is out of station today

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

case is adjourned.




Bench.



date fixed.





T.A. No. 35 of 2011

Union of India & Others Petitioner By Legal Practitioner for Petitioner

Versus Sanjay Kumar Singh Respondents By Legal Practitioner for Respondents

Notes of the

Registry



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

assisted by Lt Col Subodh Verma, OIC Legal Cell. . None for the

respondents.

Case called out. None is present on behalf of petitioner in second

round after pass over. In the interest of justice, the case is adjourned.




Bench.



date fixed.





T.A. No. 82 of 2011

Ram Lakhan Singh Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Bachchan Singh, Shri P.S. Chauhan, Ld. Counsel for

the petitioner and Shri Ashish Saxena, Ld. Counsel for the


Ld. Counsel for the Respondents submits that original record


the case. There is no objection from other side.




Bench.



date fixed.



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

M.A. No 104 of 2016 Inre O.A. No. 186 of 2012 Jaswant Singh Baghel Applicant By Legal Practitioner for Applicant


Notes of the

Registry


19.01.2016 Hon’ble Mr. Justice D.P. Singh, Member (J) Hon’ble Air Marshal Anil Chopra, Member (A)

Present : None for the applicant. Mrs. Appoli Srivastava,

Ld. Counsel for the respondents assisted by Lt Col Subodh


List has been revised. None is present for the applicant in

second round after pass over.

Ld. Counsel for the respondents is present.

The M.A. is rejected for non prosecution.

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

the applicant appeared and prayed that the case may be taken

up tomorrow.


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



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


Notes of the

Registry



Present : None for the applicant. Shri Kaushik Chatterji,



List has been revised. None is present for the applicant in

second round after pass over.


The M.A. is rejected for non prosecution.

Before signing the order, Mrs. Mamta Pandey, Ld. Counsel

for the applicant appeared and prayed that the case may be

taken up tomorrow.



Form No. 4




Padam Singh Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Wg Cdr (Retd) A.K. Singh, Ld. Counsel for the

applicant and Shri Asheesh Agnihotri, Ld. Counsel for the

respondents assisted by Lt Col Subodh Verma, OIC Legal

Cell.

Ld. Counsel for the applicant submits that cost has been

deposited. Office shall verify the same and submit report.

As prayed by Ld. Counsel for the applicant, four weeks’

time is granted for filing rejoinder affidavit.





T.A. No. 172 of 2010 with M.A. No. 55 of 2016 Kapil Dev Mishra Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Rohit Kumar, Ld. Counsel for the petitioner

and Mrs. Anju Singh, Ld. Counsel for the respondents assisted


M.A. No. 55 of 2016

Amendment application filed by Ld. Counsel for the

petitioner is taken on record.

Ld. Counsel for the respondents does not intend to file

objection to the amendment application. After hearing Ld.

Counsel for the parties and perusing the record, we allow the

amendment application and permit Ld. Counsel for the

petitioner to carry out the amendments within a week.

Amendment application is disposed of accordingly

T.A. No. 172 of 2010





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


Notes of the

Registry



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

Shri Namit Sharma, Ld. Counsel for the respondents assisted by


During course of hearing, Ld. Counsel for the applicant

submitted that order passed by Chief of the Army

Staff/competent authority, approving withdrawal of the applicant

has not been provided to the applicant and in consequence

thereof the applicant is not in a position to impugn the order

effectively on merit.

It is unfortunate that the order has not been provided and the

applicant has been discharged.

Let a copy of the order be provided by the respondents to the

applicant by the next date of listing.




Bench.



date fixed.

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

Singh)

Member (A) Member (J) ukt

Form No. 4



T.A. No. 106 of 2011 Ramji Gautam Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



Present : Shri Rohit Kumar, Ld. Counsel for the petitioner

and Mrs. Appoli Srivastava, Ld. Counsel for the respondents

assisted by Lt Col C. Srinivas, Representative from Artillery

Records and Lt Col Subodh Verma, OIC Legal Cell.

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

further time is allowed to prepare the case and proceed with

the hearing of the matter keeping in view order dated

01.12.2015.

Though almost six months have elapsed, the respondents

have not filed counter affidavit to the amended T.A. However,

Ld. Counsel for the respondents wants time to file counter

affidavit to the amended T.A. If so desired, the respondents

may file counter affidavit to the amended T.A. within said

period of one week.


On the next date, record shall again be produced by Ld.

Counsel for the respondents though presence of Lt Col C.

Srinivas, Representative from Artillery Records, present today,

is not required.


Form No. 4



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


Notes of the

Registry



Present : Ld. Counsel Sri Kamlesh Kumar, holding brief of

Shri N.K. Mishra, Ld. Counsel for the petitioner and Lt Col

Subodh Verma, OIC Legal Cell for respondents.

As prayed by Ld. Counsel Shri Kamlesh Kumar, list this

case on 02.02.2016 for hearing.


produce original documents pertaining to case for perusal of

the Bench.



date fixed.




O.A. No. 19 of 2016 Maj Gen RS Rathore Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri S.S. Rajawat, Shri S.S. Pandey, Ld. Counsel for

the Applicant and Shri Sunil Sharma, Ld. Counsel for the


Preliminary objection has been raised by Ld. Counsel for the

respondents that the applicant has not availed alternative remedy.

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

since the order dated 01.01.2016 is simply communication of M.S.

Branch and actual order is of the Central Government. The same

has not been disputed by Ld. Counsel for the respondents.

Keeping in view the fact that the order has been passed by the

Central Government, there appears no necessity to relegate the

matter.

Accordingly, objection raised by Ld. Counsel for the

respondents is overruled.

Applicant has challenged three years’ ACR entries on the

ground that the ACR entries suffer from non application of mind

and the entries made are not technically permissible.

Keeping in view the factual matrix of the matter on record, we

admit the O.A.

Issue notice to respondent no. 4 through registry as well as

regular mode.

Ld. Counsel for the applicant shall take steps for service of

notice on respondent no. 4 within a week.

Ld. Counsel for the respondents is granted four weeks’ time to

file counter affidavit. Two weeks’ time thereafter is granted to the

Ld. Counsel for the applicant to file rejoinder affidavit, if any.

Ld. Counsel for the applicant has relied upon the Hon’ble

Apex Court judgment in the case of Union of India vs. Avatar

Singh reported in 2001 AIR (SCW) 3382.

Keeping in view the factual matrix of the present case, it is

directed that if any promotion is made by the respondents, it shall

be tentative and subject to the final orders passed by this Tribunal.

It is further clarified that any promotion made shall be on the own

risk of the respondents.





O.A. No. 20 of 2016 Bal Krishna M Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Applicant in person, Ld. Counsel for the Applicant

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

In pursuance of order passed by the Tribunal in T.A. No. 1190

of 2010, by the impugned order petitioner’s representation has

been rejected and extension has been denied by the respondents.

Perusal of the impugned order shows that after considering

petitioner’s case, in paras 5 and 6 conclusion has been drawn that

no case is made out in terms of policy. The order seems to be

cryptic and non speaking without assigning reason.

Accordingly, we admit the O.A.

Ld. Counsel for the respondents is granted three weeks time to

file counter affidavit. Ld. Counsel for the petitioner may file

rejoinder affidavit, if any, within next two weeks.





M.A. No. 45 of 2016 with M.A. No. 46 of 2016 Inure T.A. No. 253 of 2010

Inderjeet Kumar Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry



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

Ms Appoli Srivastava, Ld. Counsel for the respondents assisted by


M.A. No. 45 of 2016 with M.A. No. 46 of 2016

Ld. Counsel for the applicants prays that he wants to withdraw

the applications with liberty to file afresh.

Applications are rejected according with liberty aforesaid.

M.A. No. 45 of 2016 and M.A. No. 46 of 2016 are disposed of

accordingly.




M.A. No. 89 of 2016 Inre O.A. No. 238 of 2014 Deepak Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Shri V.P. Pandey, Ld. Counsel for the Applicant and

Dr.Shailendra Sharma Atal, Ld. Counsel for the respondents


M.A. No. 89 of 2016

Order dated 15.12.2015 of this Tribunal is recalled subject to

payment of Rs. 300/- as cost to be deposited in the Bar

Association Library of this Tribunal.

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

original number.


O.A. No. 238 of 2014





M.A. No. 90 of 2016 Inre T.A. No. 37 of 2016 Triloki Nath Petitioner By Legal Practitioner for Petitioner


Notes of the

Registry




Shri G.S. Sikarwar, Ld Counsel for the respondents assisted by Lt

Col Subodh Verma, OIC Legal.

M.A. No. 90 of 2016





original number.


T.A. No. 37 of 2016






Yogendra Kumar Sharma Applicant By Legal Practitioner for Applicant


Notes of the

Registry




Shri Kaushik Chatterji, Ld. Counsel for the respondents assisted


M.A. No. 91 of 2016 with M.A. No. 92 of 2016 Reasons shown in the affidavit accompanying application for

condonation of delay are sufficient. Delay in filing recall application

is condoned accordingly.





original number.

M.A. No. 91 of 2016 with M.A. No. 92 of 2016 are disposed of

accordingly.

O.A. No. 519 of 2012



Form No. 4



M.A. No. 330 of 2014 Prabhu Lal Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

and Mrs Appoli Shrivastava, Ld. Counsel for the respondents


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

two weeks’ time to file supplementary rejoinder affidavit.





O.A. No. 48 of 2015 Lt Col Rajeev Ranjan Lohani Applicant By Legal Practitioner for Applicant


Notes of the

Registry



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

Mrs Appoli Shrivastava, Ld. Counsel for the respondents assisted


Rejoinder affidavit filed in Court is taken on record.





Bench.



fixed.




O.A. No. 103 of 2015 Amar Singh Baliyan Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Shri Vikas Chauhan, holding brief of

Shri Ashok Singh, Ld. Counsel for the Applicant and Ms. Deepti

Prasad Bajpai, Ld. Counsel for the respondents assisted by Lt


As prayed by Ld. Counsel Shri Vikas Chauhan, list this case

on 20.01.2016 for orders.




O.A. No. 325 of 2015 Rakesh Kumar Mishra Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : None for the applicant. Shri D.K. Pandey, Ld.

Counsel for the respondents assisted by Lt. Col Subodh Verma,

OIC. Legal Cell.

List has been revised. None appeared on behalf of the

applicant in second round after pass over.


O.A. is rejected for non-prosecution.

Interim order, if any, is hereby vacated.




T.A. No. 744 of 2010 C.P. Bhagat Petitioner By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld Counsel Shri Shailendra Kumar Singh, holding

brief of Col (Retd) Ashok Kumar, Ld. Counsel for the petitioner

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


Ld. Counsel Shri Shailendra Kumar Singh submits that Col

(Retd) Ashok Kumar is not available today and prayed for






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


Notes of the

Registry



Present : Shri Rakesh Jauhari, Ld. Counsel for the petitioner

and Lt Col Subodh Verma, OIC Legal Cell for the respondents.

Shri Rakesh Jauhari, Ld Counsel for the petitioner states that

he is not feeling well today and prays for adjournment of the case.

The case is adjourned accordingly.

List the case on 01.02.2016 for further hearing.



Bench.



fixed.


Form No. 4



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


Notes of the

Registry



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

Shri Kaushik Chatterji, Ld. Counsel for the respondents assisted


Ld Counsel for the respondents has not produced record in

terms of order dated 07.01.2016.




Bench.



fixed.


Form No. 4



O.A. No. 289 of 2015 with M.A. No. 96 of 2016 Col Balvinder Singh Mavi Applicant By Legal Practitioner for Applicant


Notes of the

Registry



Present : Ld. Counsel Mohd Shariq Khan holding brief of Shri

S.G. Singh, Ld. Counsel for the Applicant and Shri Shyam Singh,



As prayed by Ld. Counsel Mohd Shariq Khan, list this case on




Bench.



fixed.


Form No. 4



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


Notes of the

Registry



Present : Shri Rakesh Jauhari, Ld. Counsel for the petitioner

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


Shri Rakesh Jauhari, Ld Counsel for the petitioner states that

he is not feeling well today and prays for adjournment of the case.

The case is adjourned accordingly.




Bench.



fixed.


Form No. 4



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


Notes of the

Registry



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

Dr Shailendra Sharma Atal, Ld. Counsel for the respondents

Let supplementary counter affidavit be filed by Ld. Counsel for

the respondents to bring on record order dated 15.07.2015 as well

as to elaborate what expenditure incurred the applicant’s PRC and

how it affected career of other persons.

Supplementary rejoinder affidavit, if any, may be filed by Ld.

Counsel for the applicant within one week, thereafter.

List on 11.02.2016 for further hearing.



Bench.



fixed.


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