Tribunals and CommissionsDivision Bench(2020) 02 AFT CK 0025

V.S. Tomar vs Union Of India And Others

Armed Forces Tribunal · Decided on 4 February 2020

HON’BLE JUDGES
Rajendra Menon, J · Philip Campose, Member (A)
CASE NUMBER
Original Application No. 1025 Of 2018, Miscellaneous Application No. 2086, 2900 Of 2019

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Judgment

12 paragraphs · 180 words

MA 2900/2019

For the reasons carved out in the instant application, delay in filing the rejoinder is condoned. The rejoinder is taken on record.

MA stands disposed of.

MA 2086 /2019

Considering the fact that a speaking order by the High Powered Committee has been passed on 2nd July, 2019, no further action is requ:red to be

taken in this matter.

Even though, Mr. Ajai Bhalla, learned counsel for the applicant, points out various defects and discrepancies in the manner the High Powered

Committee has dealt with the issue in question and also that certain observations made by this Tribunal in the original order have not been taken note

of, we consider if all this give a right to the applicant to challenge the same in these proceedings. We, however, in the execution proceedings cannot go

into the merits of the speaking order passed by the High Powered Committee.

In view of the aforesaid, the instant application is disposed of with liberty to the applicant to challenge the decision of the High Powered Committee, if

so advised, in appropriate proceedings.