Union Of India And Others v. Armed Forces Tribunal And Others
2023:PHHC:092382-DB 1 CWP No. 13039-2023
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No. 13039 of 2023 (O&M) Date of Decision: 21.07.2023 Union of India and others .....Petitioners versus Armed Forces Tribunal and others .....Respondents
CORAM:
HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI, JUDGE Present :
Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Rohit Verma, Advocate, for the petitioners. Mr. Arun Singla, Advocate, for respondent No.2. **** This petition has been filed by the petitioners being aggrieved by the order dated 23.12.2022 (Annexure P-1) passed by the Armed Forces Tribunal whereby the Tribunal without either deciding the application seeking interim relief or the Original Application itself, has simply passed an ad-interim order keeping the order of discharge in abeyance. Learned counsel for the petitioners submits that the matter is pending since 16.12.
2022 and has been taken up several times but neither the application for stay nor the main matter has been decided and the proceedings have simply been deferred after passing an interim order, as a result of which the respondent, who is unfit for service in the army, is continuing in the service inspite of the orders of discharge. Learned counsel appearing for respondent No.2, on advance copy, submits that he has no objection in case the matter is disposed of directing the Armed Forces Tribunal to decide the matter finally. Both the learned counsel for the parties undertake before this Court to render full cooperation to the Tribunal in deciding the matter finally and they shall not RAVINDER KUMAR 2023.07.24 14:26 I attest to the accuracy and authenticity of this order/judgment.
2023:PHHC:092382-DB 2 CWP No. 13039-2023 seek any adjournment and shall make all endeavours to finally argue the matter on the next date of hearing i.e. 31.07.2023. In view of the conjoint statement of learned counsel for the parties and in terms thereof, the petition filed by the petitioner is disposed of with a request to the Armed Forces Tribunal to take up and finally decide the matter on the next date of hearing, as agreed to by learned counsel for the parties.
(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 21.07.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2023.07.24 14:26 I attest to the accuracy and authenticity of this order/judgment.