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Supreme Court - Daily Orders

Durgesh Kumar Sonkhutiya vs Union Of India on 20 August, 2024

Author: Hrishikesh Roy

Bench: Hrishikesh Roy

     ITEM NO.24                             COURT NO.5                SECTION XIV

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

                          SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 26481/2024

     (Arising out of impugned judgment and order dated 21-05-2024 in
     WP(C) No. 7288/2024 passed by the High Court of Delhi at New Delhi)

     DURGESH KUMAR SONKHUTIYA                                          Petitioner(s)

                                                   VERSUS

     UNION OF INDIA & ORS.                                             Respondent(s)

     (IA No.179465/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.179463/2024-CONDONATION OF DELAY IN REFILING /
     CURING THE DEFECTS)

     Date : 20-08-2024 This petition was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE HRISHIKESH ROY
                            HON'BLE MR. JUSTICE S.V.N. BHATTI

     For Petitioner(s)                 Mr. Subhro Sanyal, AOR

     For Respondent(s)

                             UPON hearing the counsel the Court made the following

                                                O R D E R

1. Heard Mr. Subhro Sanyal, learned counsel appearing for the petitioner.

2. The counsel refers to the show cause notice dated 18.12.2023 to point out that as the petitioner had failed the Module-II test three times he is likely to be discharged from the post of Leading Aircraftman (LAC). It is then submitted that the petitioner is prepared to Remuster another trade.

3. Adverting to the Policy AFI 12/S/48, the counsel submits that Signature Not Verified initially the candidates are to be enrolled for 20 years of regular Digitally signed by NITIN TALREJA Date: 2024.08.21 16:45:35 IST Reason: service, but under the new set of Policy i.e., AFI 01/2019, an 1 Airman can be discharged at any time if he fails to clear the CPE in three permissible chances and is also unwilling to remuster.

4. A copy of this petition be served on the Central Agency.

5. The matter be listed on 02.09.2024.

(NITIN TALREJA)                                 (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS                        ASSISTANT REGISTRAR




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