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2022 Supreme(MP) 909

RAVI MALIMATH, VISHAL MISHRA
No. 143003734 (Naik Gd) Ravinder Pandey – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Shri Kailash Chandra Ghildiyal - Senior Advocate Assisted By Shri Aditya Veer Singh - Advocate, for the Appellant; MS. Kanak Gaharwar - Advocate, for the Respondent

JUDGMENT

Vishal Mishra, J. - Present Writ Appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dated 08.11.2005 passed by learned Single Judge in Miscellaneous Petition No.3196 of 1992 dismissing the writ petition on merits.

2. Facts giving rise to the litigation are that the appellant was enrolled in the Army (Corps of Artillery) on 03rd of September, 1969. He was promoted to the ranks of Lance Naik and Naik respectively and due for promotion to the rank of Havaldar. The petitioner's promotion was obstructed, for which, a complaint was made by him on 12/13 of January, 1988 before the Chief of Army Staff. The unit of the petitioner was moved from Gurgaon to some where in Northern Sector. Hence, a small unit was left for Gurgaon. The appellant proceeded on annual leave from 12th January, 1988 to 13th March, 1988. He reported back from leave on 23rd of March, 1988. It was pointed out that the authorities were annoyed with the appellant and alleged that on 15th January, 1988 at Raj Rifle Regimental Centre, Delhi, he had taken Rs.12,000/- from Gunner Balwan Singh of his unit. The charges were levelled agai

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