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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, JOHNSON JOHN, JJ
UNION OF INDIA – Appellant
Versus
VETERAN SERGEANT MOHAMMED JKM – Respondent
| Table of Content |
|---|
| 1. party appealing to o.a. for dismissal must adhere to procedural norms. (Para 1 , 2 , 5) |
| 2. challenge to dismissals must follow statutory provisions and prior adjudications. (Para 4 , 6 , 10) |
| 3. previous applications not affecting merits open new paths for applicants. (Para 7 , 8 , 9) |
| 4. violation of dismissal procedures under rule 18 signifies procedural unfairness. (Para 12 , 13) |
| 5. final decision upholds lower tribunal’s directive for reconsideration. (Para 15) |
K. NATARAJAN .J This petition is filed by the Union of India for setting aside the order passed by the Armed Forces Tribunal, Regional Bench, Kochi (hereinafter referred as AFT) in O.A.No.266/2022 dated 29.11.2023.
2. We heard the arguments of learned Standing coun-
sel for the petitioners and the counsel appearing for the respon-
dent.
3. The case of the respondent before the AFT was that he had challenged the order of dismissal from service. He was a sergeant who joined the Air Force on 16.06.1987 and was dismissed from service on 19.10.2010 on the ground of desertion after completing 20 years of service. According to him, his name was included in the promotion panel for the year 2005–2006 for promotion to the
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