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Judgment
Challenging the order dated 13.10.2021 passed by the Competent Authority in the matter of punishing the applicant on the basis of General Court Martial held and finding him of guilty of offences under Section 69 of the Army Act, 1950 and Section 13(2) read with Section 13(1)(d)(i) of the Prevention of Corruption Act, 1988, the applicant has filed this appeal under Section 15 of the Armed Forces Tribunal Act, 2007. However, when the appeal was filed, the Pre-Confirmation Petition of the applicant was pending and, therefore, we had directed the respondents to decide the Pre-Confirmation Petition and submit a copy of the order so passed to the Tribunal.
In pursuance of the order passed by us on 21.02.2022 and further time granted on 27.04.2022, the respondents have brought on record the order passed on the Pre-Confirmation Petition filed by the applicant.
Now the applicant is required to challenge the order passed on the Pre-Confirmation Petition and, therefore, in all fairness, Shri Pandey, learned counsel for the applicant, submits that for the present, he may be permitted to withdraw this appeal with liberty to file a fresh one challenging not only the order impugned herein but also the order passed on PreConfirmation Petition and the reasons contained therein. He is permitted to do so.
Accordingly, the present OA (Appeal) stands dismissed as withdrawn with the aforesaid liberty.