BALDEV SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The question that arises for consideration in this case is whether the Original Application No.434 of 2012 filed by the petitioner before the Armed Forces Tribunal, Chandigarh Regional Bench (hereinafter referred to as 'the Tribunal') was barred by principle of res judicata?

(2.) The Tribunal has dismissed the above stated Application on the premise that the issue raised therein was earlier given up by the petitioner in the previous O.A. No.484 of 2010 decided on 08.11.2011, hence the second petition was barred by principle of res judicata. Since the petitioner statedly did not approach the Tribunal with clean hands, he has been slapped with costs of Rs. 10,000/- also.

(3.) The petitioner was enrolled in the Indian Army as a Sepoy on 23.11.1967. He is said to have sustained injuries during Indo-Pak War, 1971. He was placed in the low medical category as 'BEE(T)' on 26.09.1974 but after taking treatment he recovered from the injury and was consequently upgraded by the Medical Board as 'AYE' on 30.01.1985. The petitioner was again placed in low medical category with 20% disability on account of injury sustained by him while he was on leave and was consequently discharged from Army Service on 30.11.1991