MD AZAM ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) A petition under Order XLVII Rule 1 read with Sec. 114 and 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed for review of the Order dtd. 4/9/2020 dismissing theW.P. (C) 5973/2020.

(2.) The petitioner has stated that he was a member of the elite Armed Forces wherein he had put in 17 1\2 years of service from 15/10/1992 till 17/18/11/2009 before joining the profession of Law. He sought premature retirement from the Service and made various representations dtd. 12/3/2008, 3/7/2008, 8/10/2008 and also in 2009 to the respondents. He eventually filed the W.P. (C) 8452/2008 seeking voluntary retirement which was listed for final disposal vide Order dtd. 15/7/2009. In the meanwhile, Armed Forces Tribunal Act was operationalized and the Writ Petition was transferred to Armed Forces Tribunal (hereinafter referred to as "AFT") on its constitution, on 31/8/2009 and it was registered as T.A. No. 53/2009. Before the said Petition could be decided on merits, the petitioner was trapped maliciously in disciplinary proceedings and was court martialed and dismissed from service w.e.f. 20/7/2010.The petitioner for valid reasons did not pursue the T.A. Petition which was dismissed for non-prosecution on 11/11/2010.

(3.) An O.A. No. 74/2012 was preferred by the petitioner against his dismissal from service which was dismissed by the Armed Forces Tribunal (AFT) on 24/5/2016. The Appeal against this Order dtd. 24/5/2016 was preferred in the Supreme Court which was disposed of vide Order dtd. 15/6/2016.