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2023 Supreme(SC) 663

HIMA KOHLI, RAJESH BINDAL
Ex Sepoy Madan Prasad – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shiv Kant Pandey, Adv. Mr. Atul Sharma, AOR Mr. Abhishek, AOR
For the Respondent(s): Mr. R. Balasubramanian, Sr. Adv. Mr. Vinayak Sharma, Adv. Mr. Rajan Kumar Chourasia, Adv. Mr. Sachin Sharma, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

HIMA KOHLI, J.

1. The present appeal is directed against the judgment and order dated 16th February, 2015, passed by the Armed Forces Tribunal1 [for short “AFT”] Regional Bench, Lucknow whereby the appeal2 [Transfer Application No. 1227 of 2010] originally filed by the appellant as a Writ Petition before the High Court of Judicature at Allahabad3 [Writ Petition No. 3439 of 2003] and subsequently transferred to the AFT, which was dismissed and the orders dated 24th August, 1999 and 4th October, 2001 passed by the respondents No. 5 and 2, respectively upholding the charge levelled against him under Section 39(b) of the Army Act, 19504 [for short “the Act”] of overstaying the leave granted to him without sufficient cause, thereby dismissing him from service, were endorsed.

2. Briefly stated, the facts of the case are that the appellant was enrolled in the Army Service Corps5 [for short “ASC”] on 4th January, 1983 as a Mechanical Transport Driver. In the year 1998, he was initially granted leave for 39 days from 8th November, 1998 to 16th December, 1998. His request for ext

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