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2017 Supreme(SC) 59

DIPAK MISRA, R.BANUMATHI
S. MUTHU KUMARAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :- V. Sivasubramanian, Advocate.
For the Respondent:- Mukesh Kumar Maroria, Advocate.

JUDGMENT

R. Banumathi, J.

The present appeal is filed under Section 30 of the Armed Forces Tribunal Act, 2007 assailing the judgment and order dated 06.05.2016 in O.A. No. 96 of 2011, as well as order dated 30.05.2016 in M.A. No.320 of 2016 in O.A. No.96 of 2011 passed by the Armed Forces Tribunal, Regional Bench at Jaipur, dismissing the original application filed by the appellant seeking reinstatement in service with all consequential benefits.

2. In a nutshell, the facts leading to present appeal are as follows. The appellant was inducted in the Indian Army on 26.04.1994 on the post of Havildar/Clerk. The appellant is alleged to have been involved in fraudulent recruitment racket and obtaining illegal gratification in lieu of the same, during his posting in Jammu and Kashmir in the month of September, 2006. Accordingly, the appellant was served with a show cause notice dated 07.06.2010 alongwith a copy of his confessional statement dated 28.09.2006 asking as to why action be not taken against him. The confessional statement of the appellant was made in his own handwriting and bore his signatures too. In his confessional statement, the appellant is said to have admitted that in coll










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