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2022 Supreme(SC) 1149

UDAY UMESH LALIT, BELA M. TRIVEDI
IC-56663X Col Anil Kumar Gupta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Indra Sen Singh, Adv. Mr. Abhishek Singh, Adv. Mr. Aditya Bari, Adv. Mr. Elvin Joshy, Adv. Mr. Ujjwal Verma, Adv. Mr. J. Amal Anand, Adv. Ms. Alisha Sharma, Adv. Mr. Sarvesh Singh, AOR
For the Respondent(s): Ms. Neela Gokhale, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal filed by the appellant under Section 30(1) of the Armed Forces Tribunal Act, 2007 is directed against the impugned judgment and order dated 30.09.2019 passed by the Court No. 2 Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as “the Tribunal”) in O.A. No. 32 of 2019 with M.A. No. 645 of 2019, whereby the Tribunal has dismissed the said O.A. filed by the appellant. The O.A. No. 32 of 2019 was preferred by the appellant before the Tribunal challenging the charge-sheet dated 19.11.2018 containing three charges pertaining to the appellant having behaved in a manner unbecoming his position and the character expected of him, under Section 45 of the Army Act, 1950 and challenging the order dated 22.11.2018 passed by Convening Authority directing the trial of the appellant by way of General Court Martial (GCM).

2. The short facts leading to the present appeal are that the appellant was commissioned as an officer in the Indian Army in 14 battalion of the Rajputana Rifles (Infantry) on 07.12.1996. On 13.08.2015, Col. Ramneesh Pal Singh, a close friend and colleague of the appellant wrote a letter to Brig. Ajav Vig w


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