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Supreme Court - Daily Orders

Union Of India vs Ic 44169P (Col) Rajiv Kacker (Retd.) on 10 February, 2023

Author: M.M. Sundresh

Bench: M.M. Sundresh

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NO.      OF 2023
                               (arising out of Diary No(s). 42446 of 2022)



     UNION OF INDIA & ORS.                                    .....      APPELLANT(S)

                                           VERSUS

     IC 44169P (COL) RAJIV KACKER                             .....     RESPONDENT(S)
     (RETD.)


                                                O R D E R

Permission to file the appeal is granted. Delay condoned.

In view of the findings recorded by the Appellate Tribunal in paragraph ‘7’ of the impugned judgment, we do not find any good ground and reason to entertain the present appeal.

Recording the aforesaid, the civil appeal is dismissed. Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;

FEBRUARY 10, 2023.


Signature Not Verified

Digitally signed by
BABITA PANDEY
Date: 2023.02.14
18:16:15 IST
Reason:
ITEM NO.18               COURT NO.7                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(s). 42446/2022 (Arising out of impugned final judgment and order dated 21-03-2022 in OA No. 802/2021 passed by the Armed Forces Tribunal) UNION OF INDIA & ORS. Petitioner(s) VERSUS IC 44169P (COL) RAJIV KACKER (RETD.) Respondent(s) (IA No.5640/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.5639/2023-STAY APPLICATION and IA No.5637/2023- CONDONATION OF DELAY IN FILING APPEAL and IA No.5638/2023-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 ) Date : 10-02-2023 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mrs. Madhavi Divan, A.S.G. Mr. B K Satija, Adv.
Mrs. Vimla Sinha, Adv.
Mrs. Vaishali Verma, Adv. Mrs. Gayatri Mishra, Adv. Mr. Arvind Kumar Sharma, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Permission to file the appeal is granted.
Delay condoned.
The appeal is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)