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Judgment
Short reply has been filed by the respondents.
Counsel for the applicant submits that discharge of the applicant, if any, be stayed till the final decision of the OA. The submission is opposed by the
counsel for the respondents on number of counts viz. the Tribunal has no territorial. jurisdiction to entertain the OA and no application under Rule 6 of
the Armed Forces Tribunal (Procedure) Rules, 2008 has been filed by the applicant. Further more, it is submitted that the present OA is premature as
the appeal filed by the applicant before the President, Invalidment Medical Board is still pending decision.
It is stated by counsel for the respondents that till the • decision of the appeal filed before the President, Invalidment Medical Board, the applicant
will not be discharged from service. The respondents will be bound by this statement made at the Bar.
It is made clear that the appeal be disposed of by passing a speaking order, which in any case, be communicated to the applicant. In case the applicant
still feels aggrieved by the order so passed, he will be at liberty to take recourse as available to him.
With the above observations, OA stands disposed of.