Sukhjinder Singh vs Union of India on 23 October 2026

ORDER

MA 1129 of 2026

This application has been filed for condoning the delay of 187 days in filing the accompanied appeal For the reasons stated therein, the application is allowed.

Delay of 187 days in filing the accompanied appeal is condoned. OA (Appeal) 758 of 2026 The appellant has been dismissed from service by way of a Summary Court Martial held on 09.09.2025. The charge against the appellant was over staying leave without sufficient cause . The period of over stayal of leave was 503 days. A petition dated 22.12.2005 has been filed under Section 164(2) of the Army Act, 1950 challenging the said order. However it appears from record that the same has not been decided till date. Thus, we are of the considered view that before we entertain the appeal, we should obtain the opinion of Appellate Authority.

OA (Appeal) 758 of 2026

Notice Mr. Jagjot Singh Lalli, Dy. Solicitor General of India accepts notice on behalf of the respondents and waives service and seeks time to get appropriate instructions Adjourned to 08.04.2027.

By the next date of hearing, the Appellate Authority shall decide the appeal (if pending) by passing a speaking order.

Speaking order shall be placed on record on the next date of hearing.

(Lt Gen (Dr) Ranbir Singh)

(Justice SudhirMittal) Member (A)

Member (J)

23rd Oct, 2026 DK