Order dated 11-10-2023 OA-39/2022, OA-40/2022, OA-14/2022, OA-15/2022, OA-16/2022, OA-17/2022, OA-18/2022 and OA-19/2022 on 11 October 2023

ORDER

11.10.2A23

1. The applicanuapplicants were dismissed from service under section 20 of the Army Act, 1950 for fraudulent enrolment. The domicile certificates submitted by the applicanuapplicants have been found to be fraudulent.

2. From the facts it transpires that the domicile certificates of the candidates recruited at a Recruitment Rally conducted at Tenga District (AP) between 20.11.2018 and 26.11.2018 were initially found to be genuine. However, vide order dated 13.09.201g issued by the office of the Deputy commissioner, Lohit, 'the recruitment authorities were intimated that the domicile certificates were forged/fabricated as there was no supporting record available in the office. consequenfly, show Page l2 cause notices were issued to the candidates. Replies submitted were scrutinised and not found satisfactory and order of termination was passed. The said order is under challenge in the present Original Application.

3. lt further transpires that the district authorities have taken a different stand in a Declaratory Suit filed by the candidates. The domicile certificates were stated to be genuine documents.

4. ln view of the contradictory reports on record, we deem it appropriate to direct the Dy.Commissioner, Tezu, Lohit DistricU Dy.Commissioner of the successor district to conduct a fresh enquiry in association with the Director Recruiting Army regarding the genuineness/authenticity of the domicile certificates in question.

5. Entire record available shall be scrutinized while conducting the enquiry. Report shall be submitted within 06 months from today.

6. A copy of the order to be given dasti to the learned counsel for the respondents on payment of usual charge.

MEMBER (A) MC/GM (Justice Sudhir Mittal) MEMBER (J)

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3. oA-40t2022 Ex-Rect Mukesh Sharma & 04 others Applicant By legal practitioners for Applicant. Hariom Gupta RK Singh RJSarma -Versus- UOI & Others. Respondents

PJ Barman

CORAM:

HON'BLE MR. JUSTTCE SUDHTR M|TTAL, MEMBER (J) HON'BLE AIR MSHL BALAKRISHNAN SURESH, MEMBER (A)

ORDER

11.10.2023 For orders, see order dated 11.10.2023 passed in oA-39 of

(Air Mshl Balakrishnan suresh) (Justice Sudhir Mittal) MEMBER (A) MEMBER (J) MC/GM

Page l1 ARMED FORCES TRIBUNAL. REGIONAL BENCH. GUWAHATI s. oA-14t2022 RecUMT Chandeep Kr Baitha Applicant By legal practitioners for Applicant. Hariom Gupta RK Singh RJ Sarma -Versus- UOI & Others. Respondents

PJ Barman

CORAM:

HON'BLE MR. JUSTTCE SUDHTR MITTAL, MEMBER (J) HON'BLE AlR MSHL BALAKRISHNAN SURESH, MEMBER (A)

ORDER

MEMBER (A) MEMBER (J) MC/GM '@****.','.,*@irl

Page l1 ARMED FORCES TRIBUNAL. REGIONAL BENCH. GUWAHATI

6. OA-15t2022 Rect Rohit Kr Yadav Applicant By legal practitioners for Applicant. Hariom Gupta RK Singh -Versus- UOI & Others. Respondents

PJ Barman GORAM:

ORDER

(Justice Sudhir Mittat) MEMBER (A) MEMBER (J) MC/GM

Page l1 ARMED FORCES TR|BUNAL. REGIONAL BENCH. GUWAHATI

7. OA-16t2022 Rect Vipin Yadav Applicant By legal practitioners for Applicant. Hariom Gupta RK Singh -Versus- UOI & Others. Respondents

PJ Barman GORAM: HON'BLE MR. JUSTTCE SUDHTR MITTAL, MEMBER (J) HON'BLE AlR MSHL BALAKRISHNAN SURESH, MEMBER (A)

ORDER

(Justice Sudhir Mittat) MEMBER (A) MEMBER (J) MC/GM

page l1 ARMED FORCES TRIBUNAL, REGIONAL BENCH. GUWAHATI

8. OA-17 t2022 Rect Mithilesh Kr Yadav Applicant By legal practitioners for Applicant. Hariom Gupta RK Singh -Versus- UOI & Others. Respondents

B.Kumar

CORAM:

ORDER

MEMBER (A) MEMBER (J) MC/GM

Page l1 ARlVtEp FORCES TRIBUNAL. RFGTONAL BENCH, GUWAHATT

9. oA-18t2022 RecUBR/MT Brijesh Kr Yadav Applicant By legal practitioners for Applicant. Hariom Gupta RK Singh -Versus- UOI & Others. Respondents

B.Kumar

CORAM:

HON'BLE MR. JUSTTCE SUDHTR M|TTAL, MEMBER (J) HON'BLE AIR MSHL BALAKRISHNAN SURESH, MEMBER (A)

ORDER

11.10.2023 For orders, see order dated 11.10.2023 passed in OA-3g of 2022. (Air Mshl Balakrishnan suresh) (Justice sudhir Mittal) MEMBER (A) MEMBER (J) MC/GM

' page l1 ARMEp FORCES TRIBUNAL. REGTONAL BENCH. GUWAHAT|

10. oA-1 9t2022 RecUDvr/MT Rahu! Singh Yadav Applicant By legal practitioners for Applicant.

RK Singh -Versus- UOI & Others. Respondents

B.Kumar

CORAM:

HON'BLE MR. JUSTTCE SUDHIR M|TTAL, MEMBER (J) HON'BLE AIR MSHL BALAKRISHNAN SURESH, MEMBER (A)

ORDER

MEMBER (A) MEMBER (J) MC/GM