Armed Forces Tribunal, Regional Bench, Kochi

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI R.A.No. 21 of 2016 in O.A.No. 261 of 2016 TUESDAY, THE 13TH DAY OF DECEMBER, 2016/22ND AGRAHAYANA, 1938 CORAM: HON'BLE MR. JUSTICE S.S. SATHEESACHANDRAN, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A) APPLICANTS: VISHAL KUMAR, LEADING SEAMAN (RCII), PERSONAL NUMBER 213194H, PRESENTLY POSTED AT INHS SANJIVANI, SOUTHERN NAVAL COMMAND, KOCHI, KERALA – 682 004, S/O. SH RAKESH KUMAR, PERMANENT ADDRESS: H.NO.2324/H-3, ST NO.04, DHARAMPURA, NEAR JOURA PHATAK, AMRITSAR, PUNJAB – 143 001. BY PARTY IN PERSON Versus RESPONDENTS: 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110 011. 2. THE CHIEF OF NAVAL STAFF, INTEGRATED HEADQUARTERS (NAVY), SOUTH BLOCK, NEW DELHI 110 011. 3. THE FLAG OFFICER COMMANDING-IN-CHIEF, HEADQUARTERS, WESTERN NAVAL COMMAND, BALLARD PIER, NEAR TIGER GATE, NAVAL DOCKYARD, MUMBAI, MAHARASHTRA – 400 001. 4. THE FLAG OFFICER COMMANDING, GOA NAVAL AREA, HEADQUARTERS GOA NAVAL AREA, VASCO-DA-GAMA, GOA – 403 802. 5. THE COMMANDING OFFICER, INDIAN NAVAL SHIP GOMANTAK, C/O.HEADQUARTERS GOA NAVAL AREA, VASCO-DA-GAMA, GOA – 403 802. BY MR.S.PRASANTH, CENTRAL GOVT. COUNSEL RA.No.21/16 in OA No.261/2016 -: 2 :- ORDER Satheesachandran, Member (J): The applicant in the O.A. has filed the above application for reviewing the order passed by the Tribunal. O.A. moved by the applicant with a petition to condone the delay was disposed at the admission stage itself with some directions. We have noticed that the applicant has not exhausted his remedies as provided by the Act and the Rules applicable. Granting him liberty to avail the statutory remedies, O.A. and M.A. were disposed by the Tribunal. 2. Applicant has filed the application for review of the order under the premise that he has not been supplied with copy of reply of the respondents to his O.A. In fact no reply was furnished by the respondents since delay was not condoned and O.A. was not admitted on the file of the Tribunal. We do not find any merit in the Review application. Review application is dismissed. Sd/- Sd/- VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE S.S.SATHEESACHANDRAN, MEMBER (A) MEMBER (J) tm. /True Copy/ Prl. Private Secretary.

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