Armed Forces Tribunal

Order dated 04-10-2024 on 4 October 2024

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Ex-Nk Philem Ibungo Singh ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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Counter affidavit has been filed on 12.6.2024. Learned counsel for the applicant seeks time to file rejoinder in the matter. Let rejoinder be filed within four(4) weeks. List the matter after 4 weeks as and when the Bench is available next. (Lt Gen P. Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J) Mc/Gb/lb </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="53 92 221 131">Notes of the Registry</th><th data-bbox="221 92 981 131">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="53 131 221 853"></td><td data-bbox="221 131 981 853">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI3. OA-04/2024Ex-Hav Raphael Lalfamkima ..... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Learned counsel for the applicant seeks time to file rejoinder in the matter. Let rejoinder be filed within four(4) weeks.List the matter after 4 weeks as and when the Bench is available next.(Lt Gen P, Gopalakrishna Menon) (Justice Shailendra Shukla) Member (A) Member (J)Mc/LB</td></tr></tbody></table>

<table border="1"><thead><tr><th data-bbox="78 142 238 175">Notes of the Registry</th><th data-bbox="238 142 975 175">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="78 175 238 906"></td><td data-bbox="238 175 975 906">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI4. OA-05/2024Ex-Sep Purnananda Kumbang .... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Learned counsel for the applicant seeks time to file rejoinder in the matter. Let rejoinder be filed within four(4) weeks.List the matter after 4 weeks as and when the Bench is available next.(Lt Gen P.Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J)Mc/LB</td></tr></tbody></table>

<table border="1"><thead><tr><th data-bbox="124 172 273 208">Notes of the Registry</th><th data-bbox="273 162 978 208">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI5. OA-06/2024Ex-Rect (Sep) Hulang AK Roel Anal ..... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Final argument heard. Order shall be passed in due course.(Lt Gen P. Gopalakrishna Menon) Member (A)(Justice Shailendra Shukla) Member (J)Mc/LB</td></tr></tbody></table>

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Ex-Hav Nule Daniel Anal ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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Learned counsel for the applicant seeks time to file rejoinder in the matter. Let rejoinder be filed within four(4) weeks. List the matter after 4 weeks as and when the Bench is available next. (Lt Gen P.Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J) MC/LB </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="85 158 241 193">Notes of the Registry</th><th data-bbox="241 158 974 193">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="85 193 241 862"></td><td data-bbox="241 193 974 862">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI7. OA-08/2024Ex-Cfn Shelnal Bungdon Anal ..... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Learned counsel for the applicant seeks time to file rejoinder in the matter. Let rejoinder be filed within four(4) weeks.List the matter after 4 weeks as and when the Bench is available next.(Lt Gen P. Gopalakrishna Menon) (Justice Shailendra Shukla) Member (A) Member (J) MC/LB</td></tr></tbody></table>

<table border="1"><thead><tr><th data-bbox="131 148 281 181">Notes of the Registry</th><th data-bbox="281 148 974 181">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="131 181 281 874"></td><td data-bbox="281 181 974 874">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI8. OA-09/2024Smt L Athia ..... Applicant By legal practitioners for Applicant AR Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Learned Counsel for the applicant submits that he has not received the copy of the CA filed by the respondents.Let a copy of the CA be provided to him during the course of the day.Rejoinder, if any, may be filed within 04 (four) weeks thereafter.List the matter after 04 (four) weeks when this Bench is available next.(Lt Gen P.Gopalakrishna Menon) (Justice Shailendra Shukla) Member (A) Member (J)Mc/gm</td></tr></tbody></table>

<table border="1"><thead><tr><th data-bbox="141 151 288 181">Notes of the Registry</th><th data-bbox="291 146 953 176">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI9. OA-10/2024Brigadier Jogesh Chandra Talukdar (Retd) ..... Applicant By legal practitioners for Applicant Col Dibya Shankar Bhattacharya Sri Sarat Kumar Saikia-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Learned Counsel for the applicant seeks time to file rejoinder. Let the rejoinder be filed within 04 (four) weeks. List the matter the this bench reassembles next.(Lt Gen P. Gopalakrishna Menon) Member (A)(Justice Shailendra Shukla) Member (J)Mc/gm</td></tr></tbody></table>

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10. OA(A)-30/2023 With MA-47/2023 Sub (RT) Brijesh Kumar Sharma ..... Applicant By legal practitioners for Applicant Amit Joshi Punam Sunar Srijana Sharma Gewali Nilam Gurung CGSC PJ Barman -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSC Amit Joshi Punam Sunar Srijana Sharma Gewali Nilam Gurung CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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Mr.A.Joshi, learned advocate appears for the applicant. The MA 47/2023 has been filed for cancellation of the bail granted on 20.09.2023. List the matter after 04 (four) weeks, when the Bench is available next. (Lt Gen P. Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J) Mc/gm </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="135 80 285 125">Notes of the Registry</th><th data-bbox="285 80 965 125">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="135 125 285 885"></td><td data-bbox="285 125 965 885">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI11. OA-31/2023Hav Pinkoo Gogoi ..... Applicant By legal practitioners for Applicant Dr BN Gogoi Prabin Talukdar Pritam Paul-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024None appears for the applicant.Mr.P.K.Garodia, learned Counsel for the respondents submits that the OA has been rendered infructuous in view of the judgment passed by the SCM whereby the applicant was convicted and sentenced.The copy of the SCM to be produced by the respondents before this Tribunal on the next date.Applicant remains absent. A last chance is afforded to the applicant to appear through his learned Counsel, otherwise the case will be disposed off in absentia(Lt Gen P.Gopalakrishna Menon) Member (A)(Justice Shailendra Shukla) Member (J)Mc/gm</td></tr></tbody></table>

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 12. OA-29/2023 With MA-44/2023 Khupkhomang Singsit ..... Applicant By legal practitioners for Applicant Serto T Kom Mathuk Thumra Paulianmung -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A) ORDER 04.10.2024 Mr.Serto T Kom, learned Counsel for the applicant seeks time to file written submission. The same be filed within 04 (four) weeks with an advance copy to the learned Counsel for the respondents. The MA shall be considered along with the OA. (Lt Gen P.Gopalakrishna Menon) (Justice Shailendra Shukla) Member (A) Member (J) Mc/gm </td> </tr> </tbody> </table>

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Smt Bishnu Kala Thapa ..... Applicant By legal practitioners for Applicant S Pandey S Thapa N Kharsentary P Chettri

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No one appears for the applicant. In this matter the CA has been filed by the respondents. Rejoinder, if any, be filed before the next date. List the matter after 04 (four) weeks when this Bench reassembles next. (Lt Gen P.Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J) Mc/gm </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="140 93 288 128">Notes of the Registry</th><th data-bbox="291 93 963 128">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI14 MA (E) 22/2024 In OA 27/ 22Smt Riva Gohain ..... Applicant By legal practitioners for Applicant A R Tahbildar-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents P Sharma, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024In this matter departmental officer has appeared and submitted that sanction order has been issued, copy of which has been perused by the learned counsel for the applicant.Let the PPO be issued in terms of the sanction order within a period of 04 (four) weeks.List the matter after 04 (four) weeks when this Bench is available next.(Lt Gen P. Gopalakrishna Menon) Member (A)(Justice Shailendra Shukla) Member (J)Mc/gm/lb</td></tr></tbody></table>

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15 MA (E)-08/23 (In OA-27/20) Ex- NK Dharani Gohain ..... Applicant By legal practitioners for Applicant A R Tahbildar

..... Respondents By legal practitioner for Respondents P K Garodia, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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In this matter, on 1.10.2024, the respondents counsel has taken time till today to apprise this Tribunal regarding the status of execution of the order. But today, it has been intimated that contact was established with the MoD and it has been intimated by the MoD that policy decision is being considered in this regard. It appears that no progress has been made in respect of the execution of the order passed on 30.05.2022. The applicant is aged about 71 years. We are constrained to impose cost of Rs.20,000/- upon the respondents to be deposited in the personal account of the applicant. In case of non-execution of the order on the next date fixed, further coercive action as well as contempt action shall be taken against the respondents. Contd..2/ </td> </tr> </tbody> </table>

The amount shall be deposited within a period of 04 (four) weeks.

List the matter after 04 (four) weeks when this Bench is available next.

Copy of this order be given dasti to the learned counsel for the respondents, as prayed.

(Lt Gen P. Gopalakrishna Menon) Member (A)

(Justice Shailendra Shukla) Member (J)

Mc/gm/lb

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16 OA-31/2022 Ex- Spt Jaynal Abedin ..... Applicant By legal practitioners for Applicant A R Tahbildar

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..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A) ORDER 04.10.2024 Final arguments heard. Order shall be passed in due course. (Lt Gen P. Gopalakrishna Menon) (Justice Shailendra Shukla) Member (A) Member (J) Mc/gm/lb </td> </tr> </tbody> </table>

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Ex-Rect Sabbir Ahmed ..... Applicant By legal practitioners for Applicant Alakananda Chakraborty

..... Respondents By legal practitioner for Respondents PK Garodia, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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Final submissions made. It appears from the reply affidavit filed by the respondents that the matter of invalid pension was taken up by Records by the PCDA. However, due to technical issue involved in the Sparsh mechanism, the matter has not been processed. The reply affidavit was filed in March, 2023. From that time onwards, the respondents should have come prepared regarding the current status of the processing of the claim of the applicant. They are expected to get the order within 15 days from today. The matter shall be taken up on the next available bench. Copy of the order be given dasti to the learned counsel for the respondent, as prayed. (Lt Gen P.Gopalakrishna Menon) Member (A) Mc/gm/lb(Justice Shailendra Shukla) Member (J) </td> </tr> </tbody> </table>

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Ex-Hav Bhubaneswar Gogoi ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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04.10.2024 The matter was listed for final argument today. During course of submission, a question arose whether show cause under Rule 17 of Army Rules, 1954 was issued to the applicant. Learned Counsel for the respondents has sought one last opportunity to clarify in this regard. Let this matter be listed after 04 (four) weeks. No further opportunity shall be granted. Copy of the order be given dasti to the learned counsel for the respondents, as prayed. <div style="display: flex; justify-content: space-between; margin-top: 200px;"> <div data-bbox="268 776 566 828">(Lt Gen P.Gopalakrishna Menon) Member (A) Mc/gm/lb</div> <div data-bbox="656 776 904 810">(Justice Shailendra Shukla) Member (J)</div> </div> </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="125 125 275 160">Notes of the Registry</th><th data-bbox="275 125 975 160">Orders of the Tribunal</th></tr></thead><tbody><tr><td></td><td>ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI19. OA-30/2019Ex-WO B Gogoi..... Applicant By legal practitioners for Applicant PD Nair G Alam H Rohman D Nag-Versus-UOI & Ors..... Respondents By legal practitioner for Respondents P Sharma, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Final arguments heard. Order shall be passed in due course.(Lt Gen Gopalakrishna Menon) Member (A)(Justice Shailendra Shukla) Member (J)Mc/gm/lb</td></tr></tbody></table>

<table border="1"><thead><tr><th data-bbox="133 75 278 110">Notes of the Registry</th><th data-bbox="278 75 961 110">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="133 110 278 872"></td><td data-bbox="278 110 961 872">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI20. OA-12/2018Shri A Nipuni Mao..... Applicant By legal practitioners for Applicant K Chonjohn TH Trimal Ch Singh-Versus-UOI & Ors..... Respondents By legal practitioner for Respondents PK Garodia, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Mr.Serto T. Kom, learned counsel appearing on behalf of Mr.K.Chonjohn has stated that the arguing counsel is not available today and matter may be adjourned.We have perused the OA, which is not drafted in terms of the statutory rules.Learned Counsel present today may apprise the learned arguing counsel to reframe the OA as per the requisite format and same be filed before us on the next date.List the matter after 04 (four) weeks when this Bench reassembles next.(Lt Gen P.Gopalakrishna Menon) Member (A)(Justice Shailendra Shukla) Member (J)Mc/gm</td></tr></tbody></table>

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21. OA (A)-35/2017 Wing Cdr JJ Jacob ..... Applicant By legal practitioners for Applicant Raghabendra Jha Manisha Jha Tapan Deori B Talukdar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents P Sharma, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)

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The submission was initiated. Due to perplexity of the matter, learned Counsel for the applicant is advised to furnish his written submission pointing out the contradictions as well as omissions with copy to the respondents. List the matter after 04 (four) weeks when this Bench reassembles next. (Lt Gen P.Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J) Mc/gm </td> </tr> </tbody> </table>

<table border="1"><thead><tr><th data-bbox="136 86 281 121">Notes of the Registry</th><th data-bbox="281 86 954 121">Orders of the Tribunal</th></tr></thead><tbody><tr><td data-bbox="136 121 281 866"></td><td data-bbox="281 121 954 866">ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI22. OA-11/2020Hav/Opr Rishi Kesh Kumar ..... Applicant By legal practitioners for Applicant B Pathak Vipin Kumar R Thadani-Versus-UOI & Ors ..... Respondents By legal practitioner for Respondents PJ Barman, CGSCCORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)ORDER04.10.2024Heard Mrs. Suchitra Bora, learned counsel for the applicant and Mr.P.J.Barman, learned Counsel for the respondents.Learned Counsel for the respondents submits that he is newly engaged by the respondents and he needs to peruse the file and one opportunity may be given.The matter be listed after 04 (four) weeks when this Bench reassembles next.(Lt Gen P.Gopalakrishna Menon) (Justice Shailendra Shukla) Member (A) Member (J)Mc/gm</td></tr></tbody></table>

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI**

23. **OA(A)-30/2022** **With MA-18/2022**

**Smt Pushpa Shrikant**

..... **Applicant** By legal practitioners for Applicant **Rupam Jyoti Sarma**

**-Versus-**

**UOI & Ors**

..... **Respondents** By legal practitioner for Respondents **PK Garodia, CGSC**

CORAM :

**HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J)** **HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A)**

ORDER

**04.10.2024**

Learned counsel for the applicant has submitted that he has not been provided copy of the CA filed by the respondents.

Same be provided to him during the course of the day.

Rejoinder, if any, may be filed on the next date filed.

List the matter after 04 (four) weeks when this Bench reassembles next.

(Lt Gen Gopalakrishna Menon) Member (A)

(Justice Shailendra Shukla) Member (J)

Mc/gm

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI 24. OA-36/2022 Ex-Sep Kheng Thang ..... Applicant By legal practitioners for Applicant AR Tahbildar -Versus- UOI & Ors ..... Respondents By legal practitioner for Respondents Dipanjali Bora, CGSC CORAM : HON'BLE MR. JUSTICE SHAILENDRA SHUKLA, MEMBER (J) HON'BLE LT GEN P GOPALAKRISHNA MENON, MEMBER (A) ORDER 04.10.2024 Final arguments heard. Order shall be passed in due course. (Lt Gen P. Gopalakrishna Menon) Member (A) (Justice Shailendra Shukla) Member (J) Mc/gm </td> </tr> </tbody> </table>

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Loading citations and judicial treatment…

**CORAM :**

**ORDER**

CORAM :

ORDER