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High CourtsDivision Bench(2022) 03 DEL CK 0233

JWO RK Jaiswal Edn Instr vs Union Of India & Ors

Delhi High Court · Decided on 29 March 2022

HON’BLE JUDGES
Suresh Kumar Kait, J · Sudhir Kumar Jain, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 235 Of 2022, Civil Miscellaneous Application No. 13652 Of 2022

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Judgment

6 paragraphs · 352 words
1.

By way of present petition under Article 226/227 of the Constitution of India, petitioner is seeking setting aside of the impugned order dated 04.10.2021  passed by AFT(PB) New Delhi in OA 2052/2021, the COI proceedings and consequent show cause notice dated 29.06.2021 issued by respondent no.2.

2.

Invoking the jurisdiction of Armed Forces Tribunal Act, petitioner has filed OA No.2052/2021 under Section 14 of the AFT Act challenging the show cause notice issued to him vide communication dated 29.06.2021, however, vide order dated 04.10.2021, the said application was disposed of with the direction to the competent authority to allow inspection of the entire court inquiry proceedings and the report of the same would be submitted within three days. Petitioner was also permitted to make notes after perusing the proceedings and thereafter petitioner shall file his reply to the show cause notice within one week. On receipt of the reply, respondents were directed to pass appropriate order after considering the objection of the petitioner in accordance with law.

3.

Instead of taking steps pursuant to order dated 04.10.2021, the petitioner has challenged the said order by filing the present petition. However, learned counsel for the respondents, on instructions, submitted that the petitioner has already been dismissed from service vide order dated 02.03.2022 and the said order has already been communicated to the petitioner.

4.

On the other hand, learned counsel for the petitioner has disputed the same and submitted that he has not even received copy of the dismissal order passed by the respondents. Copy of dismissal order dated 02.03.2022 has been handed over to counsel for the petitioner in the court today.

5.

Since the issues raised before the Air Forces Tribunal and before this Court have become infructuous after passing dismissal order dated 02.03.2022 which is not under challenge, we hereby dispose of the present petition by giving liberty to the petitioner to raise all the issues as raised before Air Forces Tribunal and before this Court and challenge order dated 02.03.2022 before the appropriate forum.

6.

In view of above, petition as well as pending applications are disposed of.