Armed Forces Tribunal

Order dated 30-07-2018 OA-44/2017 on 30 July 2018

Notes of the

Registry

Orders of the Tribunal.

IN THE ARMED FORCES TRIBUNAL,

REGIONAL BENCH, GUWAHATI

OA-44-2017

Col Shaliendra Kr.Pathak …… Applicant.

By legal practitioners for

Applicant.

Ms MC Bhattacharjee

Ms Dipashree Sinha

Ms Juri Tamuly

-Versus-

UOI & Others.

…. Respondents

By legal practitioner for

Respondents.

Brig N.Deka ( Retd), CGSC

PRESENT

HON`BLE DR.(MRS) JUSTICE INDIRA SHAH, MEMBER (J)

HON`BLE LT GEN GAUTAM MOORTHY, MEMBER (A)

ORDER

30.07.2018

1. The applicant in person is present. Heard Ms Dipashree Sinha, learned counsel appearing for the applicant and Ms N.Das, learned counsel appearing on behalf of Brig N.Deka(Retd),learned CGSC assisted by Mr. Akash Vashishta IOC, AFT, Legal Cell, appearing for the respondents.

2. It is observed by the Registry that the impugned order is dated 25.02.2015 while OA has been filed on 27.9.2017 and thus the delay of two and half years has occurred for which no application for condonation of delay has been filed. Also in the reply statement filed on behalf of the respondents, the respondents have stated that the present OA is barred by limitation and hence, deserved to be dismissed since partia

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redress granted by the Central Govt. to the applicant is dated 25.2.2015. However, the final review consideration of the applicant was to be classified on 17.5.2017 and hence, even by that date we observe that there is considerable delay.

3. Learned counsel for the applicant has filed affidavit -in -reply today i.e. 20.7.2018 in which it is stated that OA was submitted after final review consideration within the period of limitation.

3. In the light of the above, in the interest of equity and justice, we grant some more time to the applicant to file application for condonation of delay.

4. List the case for hearing on delay aspect in filing the OA, in the month of September,2018 ,whenever the division bench will assemble.

MEMBER (A MEMBER (J)

MC

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