Armed Forces Tribunal
Ex HavTech (RDR) Neeraj Kumar vs UOI & Others on 15 September 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
4.
MA 127/2024 in OA(A) 03/2023
Ex Hav/Tech (RDR) Neeraj Kumar
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Ms Anjali Minocha, Advocate
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
15.09.2025
1. Counsel for the applicant has filed this MA No 127/2024 praying that the applicant had undergone sentence of one year and five months instead of one year and three months, which means the applicant has undergone two months’ excess sentence. Moreover, during the confinement period no work was assigned to the applicant whereas the Respondents were supposed to assign some work and for this reason the applicant is entitled for remission and reasonable compensation from the Respondents for the excess period of his retention in jail. During the course of hearing also, counsel for the applicant submits that despite remission due, the applicant was not released from Jail on due time. Per contra, the Respondents vide their Reply Statement, submitted that the applicant – convict remained absent from Udyogshala from 14/10/2023 to 25/1/2024 and this being the reason, remission was not given to him as it was not due as he did not earn the same, in terms of Para 3 (Special Remission) of Rajasthan Prisoners’ Rules, 1958 and he was released from the jail on 25/1/2024.
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2. During the course of hearing, counsel for the applicant does not press the MA further and prays for permission to withdraw this MA with liberty to take appropriate remedy available to the applicant.
3. MA No 127/2024 is dismissed as withdrawn with liberty as prayed for.
4. List the main OA (A) 03/2023 for further hearing after six months.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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