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Supreme Court - Daily Orders

Ex Rect Manesh Kumar Yadav vs Union Of India Secretary on 9 March, 2018

Bench: A.K. Sikri, Ashok Bhushan

     ITEM NO.58                                  COURT NO.6                    SECTION XVII
                                   S U P R E M E C O U R T O F            I N D I A
                                           RECORD OF PROCEEDINGS
     CIVIL APPEAL Diary No. 3357/2018
     (Arising out of impugned final judgment and order dated 20-07-2017
     in OA No. 136/2015 passed by the Armed Forces Tribunal)
     EX RECT MANESH KUMAR YADAV                                                   Petitioner(s)
                                                   VERSUS
     UNION OF INDIA                 SECRETARY & ORS.                              Respondent(s)
     (With IA No.26531/2018-CONDONATION OF DELAY IN FILING, IA
     No.26532/2018-EXEMPTION FROM FILING O.T. and IA No.26528/2018-LEAVE
     TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007)
     WITH
     Diary No(s). 3361/2018 (XVII)
     Date : 09-03-2018 This petition was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE A.K. SIKRI
                            HON'BLE MR. JUSTICE ASHOK BHUSHAN

     For Petitioner(s)                    Mr. Indra Sen Singh, Adv.
                                          Mr. Sarvesh Singh, AOR
     For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                O R D E R

It is argued by the learned counsel for the appellants that there is not even a shred of evidence in support of the allegation of the respondent that the appellants were enrolled in service through blunt means. Allegation against the appellants was that they had presented some other person to clear the running test at Gwalior. He submits that apart from the so-called confessional statement, which, according to him, was taken under coercion, no other evidence is produced. It is further submitted that after the appellants were taken in the employment, they underwent one year’s rigorous physical training and passed every test.

Leave to file appeal granted.

Signature Not Verified

Delay in filing the appeal is condoned.

Digitally signed by NIDHI AHUJA Date: 2018.03.13 09:42:50 IST Reason:

Issue notice.

                             (NIDHI AHUJA)                    (MALA KUMARI SHARMA)
                             COURT MASTER                         COURT MASTER