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SURESH KUMAR KAIT, ANUP JAIRAM BHAMBHANI
Lt. Col. Nandita Satpathy – Appellant
Versus
Union Of India – Respondent
JUDGMENT
CM aPPL.12237/2022 & 12238/2022
1. Exemptions allowed, subject to just exceptions.
2. The applications are disposed of accordingly.
W.P.(C) 4107/2022 & CM aPPL.12236/2022
3. The present petition has been preferred under article 226 of the Constitution of India praying as follows:
'a) Issue a writ in the nature of Certiorari, or any other appropriate Writ/Order/Direction, thereby quashing the Impugned Order dated 02.03.2022 passed by the Hon'ble armed Forces Tribunal in O.a. No. 276/2022 vide which the Petitioner was declined interim relief to maintain status quo while the Ld Tribunal was deciding the legality of the impugned order dated 20.01.2022 impugned before the Ld Tribunal by the Petitioner;
b) Issue a Writ of Mandamus directing the Ld Tribunal decide the pending Original application No. 276/2022 as expeditiously as possible.
c) Pass such other and further orders as this Hon'ble Court deemed appropriate in the facts and circumstances of the present case.'
4. The petitioner is aggrieved by order dated 02.03.2022 passed by learned armed Forces Tribunal in O.a. No.276/2022 whereby her application seeking interim stay of order dated 20.01.2022 issued by the respondents directing
The central legal point established in the judgment is the interpretation of the Army Act provisions, especially paragraph 28, and its influence on the court's decision regarding reinstatement.
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The court upheld the AFT's decision to deny relief based on adverse ACR entries despite previous outstanding performance ratings, emphasizing the necessity of diligent assessment in statutory complai....
A petition dismissed as similar issues were pending with the Armed Forces Tribunal; rights to further challenge retained for new grievances.
The court upheld the Armed Forces Tribunal's decision to deny the petitioner a Permanent Commission based on self-reported adverse assessments, highlighting the need for a timely resolution of statut....
The distinct jurisdiction of a writ court under article 226 of the Constitution and the power of judicial review.
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