Supreme Court - Daily Orders
U.S.Sharma vs Union Of India . on 2 November, 2015
Bench: T.S. Thakur, V. Gopala Gowda
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 9210-9211 OF 2015
(Arising Out of SLP (C) No.34742-34743 of 2011)
U.S.SHARMA Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
Leave granted.
These appeals arise out of an order dated 20.01.2011 passed by the Armed Forces Tribunal, Principal Bench at New Delhi whereby O.A. No.739 of 2010 filed by the appellant has been dismissed by a non-speaking order. Also under challenge is an order dated 25.04.2011 passed by the said Tribunal in Review Application No.14 of 2011 filed by the appellant.
Having heard learned counsel for the parties at some length, we are of the view that the orders passed by the Tribunal are not legally sustainable. The order passed by the Tribunal dismissing the O.A. No.739 of 2010 comprises just about three lines which are as under:
“Heard learned counsel for the parties.Signature Not Verified Digitally signed by ASHOK RAJ SINGH
Date: 2015.11.16 We do not find any ground to interfere with 17:01:31 IST Reason: the impugned order.
The application is dismissed with no order as to costs.” 2 With utmost respect to the Tribunal, we are unable to sustain the order made by it which does not as is evident from a plain reading of it indicate the background in which the appellant had approached the Tribunal, the issues that he had sought to raise, the contentions of the parties in support of their respective versions or the findings arrived at by the Tribunal on those issues. The order ought to have been a speaking order howsoever brief. Inasmuch as the Tribunal has chosen not to give any reasons in support of the view taken by it, we are constrained to set aside the same and remit the matter back to the Tribunal for a fresh adjudication in accordance with law.
We accordingly allow these appeals set aside the impugned orders under challenge and remit the matter back to the Tribunal for a fresh consideration of the Original Applications in accordance with law. We make it clear that we have not expressed any opinion on the merits of the contentions raised by the parties which are left open to be determined by the Tribunal.
No costs.
...........................J [T.S. THAKUR] ...........................J [V. GOPALA GOWDA] November 2, 2015 New Delhi.
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ITEM NO.201 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
Petition(s) for Special Leave to Appeal (C) No(s).34742-34743/2011
U.S.SHARMA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(with office report)
Date : 02/11/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE V. GOPALA GOWDA For Petitioner(s) Mr. Varun Thakur, Adv.
Mr. Varinder Kumar Sharma,Adv.
For Respondent(s)
Mr. N.K. Kaul, ASG
Mr. Rajiv Nanda, Adv.
Ms. Sadhna Sandhu, Adv.
Ms. Gunwant Dara,Adv.
Mr. B. V. Balaram Das,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The civil appeals are allowed in terms of the signed order.
(ASHOK RAJ SINGH) (VEENA KHERA)
Court Master Court Master