Armed Forces Tribunal
Ex Sep Surendra Singh (Army) vs UOI & Others on 28 April 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
4.
OA 365/2019
Ex SepSurendra Singh (14836752M)
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: None
For Respondents
: Mr. Pyare Lal, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
28.04.2026
1. Nonen present for the Applicant.
2. The applicant had filed this OA praying for directing the Respondents to promote the applicant to the rank of Naik wef 01/4/2018 with all consequential beneifts and the seniority. He had also prayed that the applicant be treated as holding the rank of Naik during the trial of DCM and further award or confirmation of sentence by treating as was holding the rank of Naik and that he be paid arrears of pay and allowances with 12% interest.
3. Perusal of record reveals that the applicantwhile serving at Jaipur, was tried by a District Court Martial (DCM) for his involvement in obtaining himself a gratification as a motive for procuring enrolment of a civilianperson in the Army and was awarded two years RI and dismissal from service. Documents on record further reveals that the earlier OA (Appeal) No 01/2019 filed by the Applicant befofe this Tribunal praying for qualishing and setting aside the DCM proceedings wh ch was was transferred to Principal Bench, Armed Forces Tribunal and was numbered as 1978/2019 in OA (Appeal). The ibid OA Appeal was adjudicated by
2 the Principal Bench and was dismissed vide Order dated 13/9/2022, wherein the case of the accused applicant was proved beyond reasonable doubt for demanding a sum of Rs six Lac for the recruitment of PW-3 & 5 therein and had obtained a sum of Rs three lac as advance payment for their recruitment in the army. The Tribunal found no flaw in the proceedings of the DCM and the findings does not suffer from any infirmity also.
4. Further, it is apparent on record that with the passing away of designated Counsel for the Applicant, we deemed it appropriate to issue Notice to the applicant in this matter for his personal appearance or through a designated counsel for pursuing the matter, if so desired. Despite Notice dated 19/1/2026 having been served upon the applicant as confirmed by the Postal Department, none appears on behalf of the applicant today.
5. In view of the foregoing and since adequate opportunity has been afforded to the applicant to pursue his matter by way of issuing Notice to him either personally or through a designated counsel, non appearance in this matter either by the applicant or through a designated counsel clearly shows that applicant is not serious about pursuing this Application. Moreover, since earlier OA Appeal filed by the applicant was adjudicated threadbare by the Principal Bench and was dismissed being devoid of merit, this OA filed by the applicant is Res Judicata and is liable to dismissed on that score alone.
6. The OA is, therefore, dismissed for want of prosecution.
7. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J) cda/-