Gaurav Bhardwaj vs Union Of India And Others

MA 1157/2019

This is an application filed under Rule 25 of the Armed Forces Tribunal (Procedure) Rules 2008 for placing on record certain additional documents for

adjudication of the main matter. These documents are annexed and marked as R- 1 to R-8, on which aspect learned counsel for the applicant admits

his fault and states that since he had already annexed fourteen documents marked as Annexure A-1 to A-14 along with the main OA, the documents

now sought to be placed on record through the medium of the instant application, may be marked and read as Annexure A- 15 to A-22.

Since Mr. Sehgal, learned counsel for respondent No.5, wife of the applicant, has not raised any objection in taking the aforesaid documents on record,

the instant MA is allowed. Necessary correction be carried out accordingly. The documents marked as Annexure A-15 to A-22 are taken on record.

Through the medium of the instant OA the applicant seeks quashing of the order dated 13th October, 2016 whereby his application for

amending/altering the maintenance amount already granted to his wife respondent No.5 was dismissed.

When the instant matter was being taken up, learned counsel for the applicant moved an application being MA 1157/2019 under Rule 25 of the Armed

Forces Tribunal (Procedure) Rules, 2008 for placing on record certain additional documents as Annexure A-15 to A-22, notice of which was also

given to all the respondents. Mr. Sehgal appearing for respondent No.5, after going through the said application and the documents annexed thereto,

which were provided to him in advance, stated that he has no objection if all the annexed documents with the said application are taken on record.

Resultantly, the said application has been allowed vide separate order of even date.

On a specific query put to learned counsel for the applicant as to whether all the additional documents now placed on record along with the MA

1157/2019 forming part of his application dated 29th June, 2016, whereby he sought amendment/alteration of the maintenance amount, he fairly stated

that at that point of time the applicant was not in possession of the aforesaid documents and also not even at the time of filing of the instant OA and

got the same very recently and therefore moved MA 1157/2019. He then stated that since the matter for amendment/alteration of the maintenance

amount already granted to respondent No.5 is to be looked afresh on the basis of the aforesaid documents, he would feel satisfied if a direction is

given to the respondents to reconsider the application for amendment/alteration on the strength of the additional documents and the evidence already

available with them. He, however, prays that since the matter has to be investigated afresh, a direction may also be given to the respondents to

complete the inquiry within a stipulated period.

Mr. Sehgal, learned counsel appearing for respondent No.5 (wife of the applicant), has not raised any objection to it. He, however, states that till the

matter is re-investigated the maintenance amount which the applicant is already paying and is being deducted from his salary in terms of order dated

8th November, 2010, shall be continued to be paid to respondent No.5. Learned counsel for respondent No.5 is right in making this prayer to which

learned counsel for the applicant has not raised any objection.

Viewed thus, we dispose of the instant OA directing the respondents to investigate the matter afresh for amendment/alteration of the maintenance

amount already granted to respondent No.5 on the strength of the documents now filed. Let this exercise be carried out within six months from the

date a copy of this order is made available to the concerned which shall be the responsibility of Maj Shivani, OIC, Legal Cell, who is present in Court.

Needless to say that copies of all the documents and any other fresh material which is sought to be produced shall be given to respondent No.5 before

any final decision is taken.

OA stands disposed of.

A copy of this order be handed over DASTI to learned counsel for both sides.