Supreme Court - Daily Orders
Brig. N.K. Mehta Vsm (Now Lt. General ) vs Maj Gen R. S. Rathore on 18 March, 2016
Bench: Chief Justice, R. Banumathi, Uday Umesh Lalit
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A.NO.1 OF 2016
IN
CIVIL APPEAL D.NO.8520 OF 2016
BRIG. N.K. MEHTA VSM (NOW LT. GENERAL) APPELLANT(S)
VERSUS
MAJ GEN R. S. RATHORE AND ORS. RESPONDENT(S)
WITH
CIVIL APPEAL D.NO.9448 OF 2016
O R D E R
Heard.
We see no reason to interfere with the order passed by the Armed Forces Tribunal, Lucknow Bench in so far as the same recalls order dated 30th October, 2012 passed by the Tribunal and restores O.A.No.255 of 2012 to its original number for deciding the same afresh.
In the facts and circumstances of the case, however, we see no reason why the Tribunal should have directed restoration of status quo ante especially when the petitioner has already been promoted to the rank of Lieutenant General and his reversion would in no way lead to any immediate benefit to the respondent. We accordingly direct that while the Tribunal shall make an endeavour to hear and dispose off O.A.No.255 of 2012 expeditiously and as far as possible within a period of two months from today, the direction regarding restoration of status quo ante implying reversion of petitioner to the Signature Not Verified rank of Brigadier shall remain stayed pending disposal of Digitally signed by ASHOK RAJ SINGH Date: 2016.04.13 O.A.No.255 of 2012.
12:07:49 IST Reason:
We make it clear that we have expressed no opinion on the merits of the case or the contentions open to the 2 parties before the Tribunal who shall examine the same uninfluenced by any observations made in the order under challenge.
These appeals are accordingly disposed off in the above terms.
No costs.
....................CJI.
(T.S.THAKUR) ......................J. (R. BANUMATHI) ......................J. (UDAY UMESH LALIT) NEW DELHI, MARCH 18, 2016.3
ITEM NO.18 + 34 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).8520/2016 BRIG. N.K. MEHTA VSM (NOW LT. GENERAL) Appellant(s) VERSUS MAJ GEN R. S. RATHORE AND ORS Respondent(s) (For leave to appeal u/s 31(1) of the armed forces tribunal act, 2007) WITH CIVIL APPEAL D.NO.9448 OF 2016 Date : 18/03/2016 This application was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. Maninder Singh, ASG Mr. R. Balasubramanian, Adv. Mr. Santosh Kumar, Adv.
Mr. Nalin Kohli, Adv.
Mr. Prabhas Bajaj, Adv.
Mr. B.V. Balramdas, Adv.
Mr. Gopal Subramanium, Sr. Adv. Mr. Nikhil Nayyar, Adv.
Mr. Dhananjay Baijal, Adv. Mr. T.V.S. Raghavendra Sreyas, Adv. For Respondent(s) Mr. L.Nageswar Rao, Sr. Adv. Mr. Sridhar Potaraju, Adv. Mr. S.S. Pandey, Adv.
Mr. Gaiochangpou Gangmei, Adv. Mr. Abhishek R. Shukla, Adv. Mr. Arjun Singh, Adv.
Mr. A. Mukunda Rao, Adv.
UPON hearing the counsel the Court made the following O R D E R The civil appeals are disposed off in terms of the signed order.
(Ashok Raj Singh) (Veena Khera)
Court Master Court Master
(Signed Order is placed in the file)