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Judgment
On the last date of hearing, respondents have raised an objection regarding the jurisdiction of this Tribunal to entertain the OA on the ground that the
applicant is not resident of Delhi nor the impugned order was passed at Delhi, on that day, main counsel for the applicant was not available.
Today, Ms. Archana Ramesh, Advocate for the applicant has referred to the letter dated 06.03.2021 for submitting that as per Government of India,
Ministry of Defence policy on the subject AMB, same can be conducted only at Base Hospital or Army Hospital, (R&R), Delhi Cantt. and since the
applicant is seeking direction to the respondents to hold a Review Medical Board which can be conducted either at Base Hospital or Army Hospital,
(R&R), Delhi Cantt. only. Therefore, this Tribunal has jurisdiction.
Another objection taken by the respondents was regarding mis-joinder and non-joinder of parties. In this regard, counsel for the applicant submits that
she is not challenging the order of discharge passed by the Artillery Centre, Nasik Road Camp and therefore, there was no need to implead them as
party to the OA.
Since the medical is to be conducted as per the orders passed by the DGFMS, therefore, they have been impleaded. In any case, respondents will be
at liberty to take all relevant objections in their counter affidavit.
Heard. Admit.
Issue notice to the respondents in MA as well as in OA.
Notice is accepted by Mr. Rajesh Kumar Das, Advocate on behalf of the respondents. He seeks time to file counter affidavit. Same be filed within
four weeks with an advance copy to counsel for the applicant.
List on 10.09.2021 before the Principal Registrar for completion of pleadings.