Armed Forces Tribunal

Ex Cpl Prem Prakash Pooniya vs UOI & Others on 24 July 2025

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OA No 197/2024 Ex Cpl Prem Prakash Pooniya Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

(CIRCUIT BENCH AT JODHPUR)

19.

OA No 197/2024

No-961226-B, Ex Cpl Prem Prakash Pooniya, S/o Shri Mana Ram, R/o Vill-Kheri Charna, Post-Kheri Salwa, District-Jodhpur (Raj)

.… Applicant

Versus

1.

The Union of India through its Secretary, Ministry of Defence, Govt of India, New Delhi-110011

2.

Air Officer in Charge Personnel, Air Headquarters (Vayu Bhawan), New Delhi – 110106

3.

Commanding Officer

2411 Squadron, Air Force, C/o 56 APO

4.

Principal Director, Directorate of Air Veterans Subroto Park, New Delhi – 110010

5.

PCDA (P), Draupadi Ghat, Prayagraj (UP)-211014

…. Respondents

For Applicant

: Mr Dinesh Chandra Mali, Advocate

For Respondents

: Dr Samir Shrimali, 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

24.07.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA, praying for directing the Respondents to quash and set aside impugned Order dt 29.02.2024, Order RO/2510/1/RW(DIS) dt 26.03.2024 and Dismissal Certificate dt 26.03.2024 and/or re-instate the Applicant in the Air Force Service from the date of his discharge, ie., 26.03.2024 and grant of consequential benefits considering the Applicant as continuing in service.

2. During the course of arguments, Learned Counsel for the Respondents raised preliminary objection on the grounds that after discharge of the Applicant from Service, he has filed the present OA without availing the remedy of appeal available to him. On hearing of the objections, Learned

OA No 197/2024 Ex Cpl Prem Prakash Pooniya Vs UOI & Ors Counsel for the Applicant sought permission to withdraw the OA with liberty to file appeal before the Competent Authority.

3. In view of the above facts, we direct that if the Applicant prefers an appeal before the Competent Authority against his discharge from Service within a period of one month from the date of receipt of a certified copy of this Order, the Competent Authority shall consider the case of the Applicant expeditiously in accordance with extant rules/ regulations/ policies within a period of four months thereafter.

4. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

5. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-

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