Ex LPM Sunil Kumar vs UOI & Others on 1 September 2026

O R D E R

01.09.2026

1. The applicant has filed this OA praying for directing the Respondents to quash and set aside the punishment warrant issued against the applicant on 06/3/2025 whereby the applicant was awarded punishment of reduction in Rank to Leading Patrolman, deprivation of the First, Second and the Third Good Conduct Badges and stoppage of leave for sixty days. He has also prayed for directing the Respondents to restore all consequential service benefits flowing from the quashing of the impugned proceedings, including consideration for promotion, reengagement, restoration of rank, pay fixation, pensionary and terminal benefits, if otherwise admissible under the applicable Rules and Regulations and further to expunge all adverse entries, remarks and disciplinary consequences arising out of the impugned Summary Trial and the Punishment warrant from the applicant’s service record.

2. During the course of hearing, Senior Panel Counsel for the Respondents submits that the applicant was tried by way of summary disposal of the case. Thus, the punishment awarded to the applicant is excluded from the definition of service matters under Section 3 (o) (iii) of the Armed Forces Tribunal Act, 2007.

2

Therefore, since the main prayer of the applicant is for setting aside the punishment awarded to the applicant, this OA is not entertainable by this Tribunal in terms of Clause 3 (o) (iii) of Armed Forces Tribunal Act, 2007. Counsel for the applicant seeks permission to withdraw this OA at the admission stage itself with liberty to approach appropriate forum. Prayer is allowed.

3. The OA is dismissed as withdrawn with permission to approach appropriate forum, if so desired.

4. The file be consigned to record.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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