Supreme Court - Daily Orders
Union Of India vs Ex Capt Dheeraj Bhargava on 29 September, 2016
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A.No.1 Of 2016
IN
CIVIL APPEAL DIARY NO.(S).29544 OF 2016
UNION OF INDIA AND ORS. Appellant(s)/
Petitioner(s)
VERSUS
EX CAPT DHEERAJ BHARGAVA Respondent(s)
O R D E R
After arguing the matter at some length, Mr. Maninder Singh, learned Additional Solicitor General, seeks leave to withdraw this petition for leave to appeal reserving liberty for the petitioner-U.O.I. to file a review petition before the Tribunal on all such grounds as may be otherwise available to it including the ground that the Tribunal was in error in holding that the alleged disability reported by the Medical Board was attributable to military service. Mr. Maninder Singh points out that the opinion of the Medical Board at page '166' of the paper book does not record any such opinion and that there was no other basis on which the Tribunal could attribute such an opinion to the Medical Board.
In the circumstances, therefore, we dismiss this application seeking leave to appeal as withdrawn with the Signature Not Verified liberty prayed for.
Digitally signed by
We direct that in case a review petition MAHABIR SINGH Date: 2016.10.04 11:04:00 IST Reason:
is filed by the petitioner-U.O.I. within a period of one months from today, the Tribunal shall treat the same as having been 2 filed within the time prescribed and decide the same on merits. We express no opinion on the merits of the case or the contentions sought to raised in the review petition. We make it clear that in case the Tribunal does not feel inclined to review the order passed by it, the petitioner shall have the liberty to question the original order as also the order passed in the review petition by the Tribunal, before this Court in a fresh petition.
.....................CJI.
(T.S. THAKUR) .......................J. (A.M. KHANWILKAR) .......................J. (DR. D.Y. CHANDRACHUD) NEW DELHI DATED 29th SEPTEMBER, 2016.3
ITEM NO.2 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.NO. 1/2016 in Civil Appeal Diary No(s). 29544/2016 UNION OF INDIA AND ORS. Appellant(s) VERSUS EX CAPT DHEERAJ BHARGAVA Respondent(s) (Appln.(s) for leave to appeal u/s 31(1) of the Armed Forces Tribunal Act, 2007 and office report) Date : 29/09/2016 This application was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Maninder Singh,ASG Mr. R. Balsubramanian,Adv.
Mr. Amarjeet Singh,Adv.
Mr. Pranav Kumar,Adv.
Mr. Prabhas Bajaj,Adv.
Mr. Nalin Kohli,Adv.
Mr. Mukesh Kumar Maroria,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In terms of the signed order, this application for leave to appeal is dismissed as withdrawn:
“In the circumstances, therefore, we dismiss this application seeking leave to appeal as withdrawn with the liberty prayed for. We direct that in case a review petition is filed by the petitioner-U.O.I. within a period of one months from today, the Tribunal shall treat the same as having been filed within the time prescribed and decide the same on merits. We express no opinion on the merits of the case or the contentions sought to raised in the review petition. We make it clear that in case the Tribunal does not feel inclined to review the order passed by it, the petitioner shall have the liberty to question the original order as also the order passed in the review petition by the Tribunal, before this Court in a fresh petition.” (MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER (Signed order is placed on the file)