Supreme Court - Daily Orders
Col Tys Bedi vs Union Of India . on 6 November, 2015
Bench: Anil R. Dave, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO(S). 1 OF 2015
IN
CIVIL APPEAL D. NO(S).33800 OF 2015
COL TYS BEDI APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. RESPONDENT(S)
O R D E R
Application seeking permission for leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is granted.
Heard the learned counsel for the appellant. Looking at the peculiar facts of the case, we modify the impugned judgment without notice to respondent no.4 and if respondent no. 4- wife of the appellant is aggrieved by this modification, Signature Not Verified Digitally signed by Vinod Kumar Date: 2015.11.07 13:54:34 IST it will be open to her to approach this Court by Reason: filing an appropriate application and if such an application is filed, the same shall be considered 2 on its own merits.
Looking at the fact that normally not more than 50% of the amount is ordered to be deducted by way of maintenance from salary of a soldier, we direct that the amount exceeding 50% of the amount payable by way of salary shall not be deducted by way of maintenance from the salary of the appellant for paying the same to respondent no. 4. The amount shall be adjusted in future by making more installments by the appellant.
So far as the penal rent for occupation of the quarter at Delhi by respondent no.4 is concerned, which is roughly about Rs.3,00,000/-, we are of the view that as respondent no. 4 had occupied the said quarter, which she was supposed to vacate, 50% of the penal rent shall be paid by her. If the amount of penal rent is not waived by the concerned authorities and if the amount is ordered to be paid, that is, if there is no concession given by the concerned authorities in respect of penal rent, 50% of the penal rent shall 3 be paid by the appellant and 50% of the penal rent shall be paid by respondent no.4 and the said amount shall be adjusted from the amount of maintenance to be paid by the appellant to respondent no.4. No amount of maintenance shall be paid till the penal rent is recovered from respondent no.4.
Subject to aforesaid modification, the appeal stands disposed of as allowed to the above extent.
................J. (ANIL R. DAVE) ..................J. (ADARSH KUMAR GOEL) NEW DELHI, NOVEMBER 06, 2015 4 ITEM NO.32 COURT NO.2 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 in Civil Appeal Diary No(s). 33800/2015 COL TYS BEDI Appellant(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (For leave to appeal u/s 31(1) of the ARMED FORCES TRIBUNAL ACT, 2007) Date : 06/11/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Ms. Neela Gokhale, Adv.
Mr. Devanshu Sharma, Adv.
Ms. Kamakshi S. Mehlwal,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application seeking permission for leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is granted.
The appeal stands disposed of as allowed in terms of the signed order.
(VINOD KUMAR) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)