Armed Forces Tribunal

Ex Sep Surendra vs UOI & Others on 6 August 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

7.

MA No 269/2026 in OA No 365/2019

No-14836752M Ex Sep Surendra

…. Applicant

Versus

UOI & Others

…. Respondents

For Applicant

: Ms. Anjali Minocha, Advocate and Applicant in person 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

06.08.2026

1. MA No 269/2026 has been filed by the Applicant for restoration of OA No 365/2019.

2. Earlier also MA No 229/2026 had been filed for restoration of OA No 365/2019. The same was listed on 06.07.2026. As neither the Counsel for the Applicant nor the Applicant appeared before the Tribunal on 06.07.2026, it was dismissed for want of prosecution.

3. Heard Learned Counsel for both then parties and perused the material placed before us.

4. During the course of hearing, the Applicant submits thathe had filed a Writ Petition No 5835/2023 before the Hon’ble High Court of Delhi challenging Order dt 13.09.2022 passed by Hon’ble AFT (PB), New Delhi in OA (A) 1978/2019 which is pending for adjudication. The Counsel for the Respondents stated that since the Applicant was dismissed from Army Service, there was no question of giving him promotion. On coming to know of this, the Counsel for the Applicant sought

2

permission to withdraw MA No 269/2026 for restoration of OA No 365/2019 with liberty to file afresh before the appropriate forum on the outcome of the aforesaid writ petition pending before Hon’ble High Court of Delhi. The prayer is allowed and MA No 269/2026 is dismissed as withdrawn with liberty sought for.

5. File be consigned to records.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-

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