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Armed Forces Tribunal, Regional Bench, Kochi O.A

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Armed Forces Tribunal, Regional Bench, Kochi O.A ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A.Nos. 232 of 2018 FRIDAY, THE 22ND DAY OF JUNE, 2018/ 1ST ASHADHA, 1940 CORAM: HON'BLE MR. JUSTICE BABU MATHEW P. JOSEPH, MEMBER (J) HON'BLE LT. GEN. PHILIP CAMPOSE, PVSM, AVSM & BAR, VSM, MEMBER (A) CADET PULKIT, NO.2506/94 OF INDIAN NAVAL ACADEMY, EZHIMALA, ........ APPLICANT KANNUR, KERALA – 670 310. PERMANENT ADDRESS: S/O SRI. VIJAY KUMAR, SHIV NAGAR, BHATTU ROAD, OPP. DUDARAM'S HOUSE (EX M.L.A.) FATEHABAD, HARYANA – 125 050. BY ADV. SRI.V.K.SATHYANATHAN VERSUS 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110 011. 2. THE CHIEF OF NAVAL STAFF, INTEGRATED HEADQUARTERS OF MINISTRY OF DEFENCE (NAVY), NEW DELHI – 110 011. ........ RESPONDENTS 3. THE FLAG OFFICER COMMANDING-IN-CHIEF, HEADQUARTERS SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI – 682 004. 4. THE COMMANDANT, INDIAN NAVAL ACADEMY, EZHIMALA, KANNUR, KERALA – 670 310. BY LEGAL OFFICER, LT.CDR. ADITYA AWASTHI. O.A. Nos. 232 & 233 of 2018 :2: ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A.NO.233 OF 2018 FRIDAY, THE 22ND DAY OF JUNE, 2018/1ST ASHADHA,1940 CORAM: HON'BLE MR. JUSTICE BABU MATHEW P. JOSEPH, MEMBER (J) HON'BLE LT.GEN.PHILIP CAMPOSE, PVSM, AVSM & BAR, VSM, MEMBER (A) CDT ISHAAN BAKSHI, NO.2533/E/95 OF INDIAN NAVAL ACADEMY, EZHIMALA, ........ APPLICANT KANNUR, KERALA – 670 310. PERMANENT ADDRESS: S/O COL. SANJAY BAKSHI, HOUSE NO.115, SECTOR 15, PANCHKULA, HARYANA – 134 113. BY ADV. SRI.V.K.SATHYANATHAN VERSUS 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110 011. 2. THE CHIEF OF NAVAL STAFF, INTEGRATED HEADQUARTERS OF MINISTRY OF DEFENCE (NAVY), NEW DELHI – 110 011. ....... RESPONDENTS 3. THE FLAG OFFICER COMMANDING-IN-CHIEF, HEADQUARTERS SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI – 682 004. 4. THE COMMANDANT, INDIAN NAVAL ACADEMY, EZHIMALA, KANNUR, KERALA – 670 310. BY LEGAL OFFICER, LT.CDR. ADITYA AWASTHI. O.A. Nos. 232 & 233 of 2018 :3: O.A.Nos. 232 of 2018 and 233 of 2018 ORDER Babu Mathew P. Joseph, Member (J) These Original Applications have been preferred challenging the administrative action against the applicants and the findings in the inquiry conducted against them and for other reliefs. 2. Heard Sri. V.K. Sathyanathan, learned counsel appearing for the applicants, and Legal Officer, Lt. Cdr. Aditya Awasthi, appearing for the respondents. 3. Similar questions are involved in both these Original Applications. Therefore, we have considered these Original Applications together and are being disposed of by a common order. O.A. Nos. 232 & 233 of 2018 :4: 4. In the administrative action taken against the applicants, a decision has been taken by the competent authority to recommend withdrawal of the applicants from the pre-commission training which they were undergoing. Such a recommendation can come into effect only when it is approved by the Chief of the Naval Staff. The records have already been sent to the Chief of the Naval Staff and they are now pending before him for taking a decision. In such a circumstance, we are of the considered view that these Original Applications can be disposed of with a direction to the Chief of the Naval Staff to consider the matter at an early date and dispose of the same. Lt. Cdr. Aditya Awasthi prays for two months from today for the Chief of the Naval Staff to consider and dispose of the question of approval or otherwise. The time so prayed for is not objected to by Sri. V.K. Sathyanathan. 5. Having heard both the sides, we are also of the view that two months can be granted to the Chief of the O.A. Nos. 232 & 233 of 2018 :5: Naval Staff for considering and disposing of the matter. At the same time, we make it clear that if the Chief of the Naval Staff does not dispose of the matter by way of issuing a speaking order within the time prayed for that purpose, the applicants will be free to approach this Tribunal for seeking appropriate reliefs. 6. The Original Applications are disposed of as above. No costs. Sd/- Sd/- LT. GEN. PHILIP CAMPOSE JUSTICE BABU MATHEW P. JOSEPH, MEMBER (A) MEMBER (J) krs. // True Copy // Private Secretary.
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