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2022 Supreme(SC) 237

L. NAGESWARA RAO, B. R. GAVAI
UNION OF INDIA – Appellant
Versus
LT. GEN. (RETD. ) S. K. SAHNI – Respondent


Advocates appeared:
For the parties : Mr. K.K. Tyagi, Adv. Mr. Sarvam Ritam Khare, AOR Mr. Mukesh Kumar Maroria, AOR Mr. Sanjay Jain, Ld. ASG, Mr. R. Balasubramanian, Sr. Adv. Mr. Sanjay Kumar Tyagi, Adv. Mr. Anukapl Jain Adv. Mr. Arvind Kumar Sharma AOR Mr. Mukesh Kumar Maroria, AOR Mr. P. Narasimhan, AOR

JUDGMENT

B.R. GAVAI, J.

1. Criminal Appeal No.2169 of 2014 is filed by Union of India and others challenging the orders passed by Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (hereinafter referred to as the “AFT”) dated 10th October 2013 in MA No. 1871 of 2012 and OA No. 262 of 2011 to the effect that it reduces the sentence of three years rigorous imprisonment and cashiering imposed on the respondent hereinLt. Gen. (Retd.) S.K. Sahni to dismissal from the service as provided in Section 71(e) of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the “AFT Act”), and 21st March 2014 in MA Nos. 3201 and 3202 of 2014 in OA No. 262 of 2011, whereby the learned AFT refused to grant leave to appeal.

2. Transferred Case (Criminal) No. 1 of 2017 is filed by the petitioner therein (respondent herein), originally before the High Court of Punjab and Haryana being Criminal Writ Petition No. 1895 of 2013, challenging the dismissal of MA No. 1871 of 2012 and OA No. 262 of 2011, which was filed challenging the order dated 18th February 2011, passed by the General


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