1 ARMED FORCES TRIBUNAL, REGIONAL BENCH, CHENNAI O.A.No.60 of 2013 and M.A.No.61 of 2013 Thursday, the 27th day of June 2013 THE HON’BLE JUSTICE V. PERIYA KARUPPIAH MEMBER (JUDICIAL) AND THE HON’BLE LT.GEN. (RETD) ANAND MOHAN VERMA (MEMBER – ADMINISTRATIVE) Lieutenant Commander Kimsuk Roy, 51983 – T School of Advanced Undersea Warfare INS Satavahana Naval Base Visakhapatnam–530014. … Applicant By Legal Practitioner: Ms. Tonifia Miranda Vs. 1. Union of India Rep. by its Secretary, Ministry of Defence, New Delhi-11. 2. The Chief of Naval Staff Integrated Headquarters, Ministry of Defence (Navy) ‘C’ Wing, Sena Bhawan New Delhi-110011. 3. The Flag Officer Commanding-in-Chief Headquarters, Eastern Naval Command Naval Base Visakhapatnam–530014. 2 4. The Commodore, Commanding SubMarine (East) INS VIRBAHU Naval Base, Visakhapatnam. 5. The Officer-in-Charge School of Advanced Undersea Warfare INS Satavahana Naval Base Visakhapatnam-530014. … Respondents By Mr. B. Shanthakumar, SPC ORDER (Order of the Tribunal made by Justice V. Periya Karuppiah) 1. Heard Ms. Tonifia Miranda, Learned Counsel for the applicant, and Mr. B. Shanthakumar, Learned Senior Panel Counsel, assisted by Mr. Rahul Ahlawat, Learned JAG Officer for the respondents, on maintainability. 2. Mr. Rahul Ahlawat, Learned JAG Officer, has produced a Fax message sent by School of Advanced Undersea Warfare, INS Satavahana, Naval Base, Visakhapatnam, in respect of the civil arrest of the applicant. 3. Perused. However, the Learned Counsel for the applicant wishes to withdraw the Original Application with liberty to file a fresh application on a new cause of action, if arises, and also made an endorsement to that effect on the back of the O.A. We have perused the endorsement also. 3 4. On consideration of the submission of the Learned Counsel for the applicant and the endorsement made by her on the back of the Original Application, the applicant is permitted to withdraw the present application with liberty to file a fresh O.A. on a new cause of action, if arises and so advised. 5. Accordingly, the Original Application is dismissed as withdrawn with liberty to file a fresh O.A. on a new cause of action, if arises and so advised. Sd/- Sd/- JUSTICE V. PERIYA KARUPPIAH LT GEN (Retd) ANAND MOHAN VERMA MEMBER (JUDICIAL) MEMBER (ADMINISTRATIVE) 27.6.2013 (True Copy) Member (J) – Index : Yes / No Internet : Yes / No Member (A) –Index : Yes / No Internet : Yes / No NCS 4 To, 1 The Secretary to Government, Union of India, Ministry of Defence, New Delhi-11. 2. The Chief of Naval Staff Integrated Headquarters, Ministry of Defence (Navy) ‘C’ Wing, Sena Bhawan New Delhi-110011. 3. The Flag Officer Commanding-in-Chief Headquarters, Eastern Naval Command Naval Base Visakhapatnam–530014. 4. The Commodore, Commanding SubMarine (East) INS VIRBAHU Naval Base, Visakhapatnam. 5. The Officer-in-Charge School of Advanced Undersea Warfare INS Satavahana Naval Base Visakhapatnam-530014. 6. Ms. Tonifia Miranda, Counsel for applicant. 7. Mr. B. Shanthakumar, SPC Counsel for respondents. 8. The Commanding Officer, (Liaison Officer for AFT), INS Adayar, C/o. Navy Office, Port Complex, Rajaji Salai, Chennai-600 009. 9. Library, AFT, Chennai 5 HON’BLE JUSTICE V. PERIYA KARUPPIAH (MEMBER-JUDICIAL) AND HON’BLE LT GEN (RETD) ANAND MOHAN VERMA (MEMBER–ADMINISTRATIVE) O.A.No.60 of 2013 and M.A.No.61 of 2013 27.06.2013 .