Union Of India And Others vs XYZ

These proceedings were initiated on the basis of an application filed by the Union of India, wherein, due to the ongoing pandemic and the various

orders passed by the Hon'ble Supreme Court suo motu in reference to cognizance for extension of limitation due to pandemic, the following prayers

were made in the application:

A. An order/direction freezing the calculation of the period of limitation from 15.03.2020 till further orders in respect of all proceedings under Chapter

V and Chapter VI of the Army Rules that may be continuing, have commenced or may have been likely to commence during this period;

B. An order/direction to exclude the entire period of lockdown and thereafter until normalcy returns w.e.f 15.03.2020 till further orders for computing

period of limitation as per the provisions of Sections 122 and 123 of the Army Act 1950, in respect of all pending proceedings under the Army Act and

Army Rules.

C. Such other or further order(s) as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case.

Notices had been issued to the respondents and the interested parties who are represented by Mr. A.K. Trivedi, Mr. Rajiv Manglik, Mr. Anand

Kumar and Mr. Pandey, Amicus Curie, they have made certain submissions with regard to the prayer made, having bestowed our anxious

consideration to the same, we are of the view that, taking note of the statutory provisions of the Army Act, the Navy Act and the Air Force Act, in

particular the procedural aspects contained in the Statute, pertaining to the period of limitation, it would not be advisable, in the manner as prayed for,

to pass a general order with regard to counting the period of limitation or condoning the period of limitation as prescribed in the Statute in a general

manner applicable to all cases. Instead, it would be more advisable if we give liberty to the parties and the departmental authorities of the Armed

Forces, to take up the issue of limitation as per the Statute in a given case and we shall proceed in accordance with law, in cases as and when the

issue arises with regard to grant of any benefit in the matter of relaxing the period of limitation and in condonation, the same would be considered as

and when required in each case on its merits, facts and.