AI Structured Summary
Not yet generated for this judgment
Judgment
Challenging the discharge order vide Annexure A-1 dated 03.12.2021, the applicant has invoked the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007. It is the case of the applicant that he was compelled to sign the request for discharge and it was accepted in a hurried manner. Contending that the applicant had not voluntarily submitted his discharge application but in view of the circumstances created by the respondents and without his consent, the discharge has been effected in a hurried manner, this application has been filed.
The respondents have refuted the aforesaid and submit that on account of certain violation of Covid protocol by the applicant, a Show Cause Notice was issued to him and to avoid action being taken on the basis of Show Cause Notice, the applicant has sought discharge from service, which was accepted.
The rival contentions made on the affidavits cannot be inquired into by us in exercise of statutory jurisdiction under Section 14 of the AFT Act and when certain legal issues in this regard were posed to the counsel for the applicant, he sought permission to withdraw the application for the present with liberty to submit a representation or a complaint in accordance with the rules or Statute applicable before a Competent Authority and try ventilating his grievance by use of the administrative and statutory remedies.
Permitting the applicant to do so and directing the respondents to consider the grievance of the applicant, if any representation or complaint is made by the applicant in accordance to the rules and regulations applicable at an earlier date and dispose it of in accordance with law, we dispose of this OA.