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O.A. No. 54 of 2012 and M.A. No. 77 of 2012. Case: 12 Sep 2012 Vs Union of India & Ors.. Armed Forces Tribunal

Judgment Cited in Precedent Map Related
Vincent
Case NumberO.A. No. 54 of 2012 and M.A. No. 77 of 2012
CounselFor Appellant: Mr. S.S. Pandey, Counsel and For Respondents: Mr. Anil Gautam, Counsel
JudgesM.L. Naidu (Administrative Member) and N.P. Gupta (Judicial Member)
IssueService Law
Judgement DateSeptember 12, 2012
CourtArmed Forces Tribunal

Judgment:

(Principal Bench, New Delhi)

  1. Heard learned counsel for the petitioner at length. The petitioner seeks to challenge the discharge ordered on 26.12.1998. The present O.A. has been filed on 15.02.2012.

  2. An application has also been filed for condonation of delay, being M.A. No. 77/2012, and the ground given for condonation of delay is that the applicant was suffering from psychiatric problems while in service, as also when he was discharged. His psychiatric condition further deteriorated after discharge from service, and the widowed mother had been occupied with treatment of the petitioner. On improvement of his condition, he has filed the application under Right to Information Act, seeking certain information/documents related to his discharge, as owing to his physical and mental condition he was not in a position to ascertain the reasons for his discharge, to make a grievance in this regard earlier. He could obtain the relevant documents in May, 2011, which revealed that he had been discharged from service in total contravention to the instructions on the subject.

  3. Suffice it to say that no medical documents were filed along with the application, however, today learned counsel for the petitioner made available for our perusal certain medical papers, and a look at these documents shows that they are all of the year 2002, to start with, being dated 10.08.2002, 27.08.2002, then it is of 24.12.2008...

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