Delhi Court June 2012 Judgments

Ex. Col. A.K. Kadian Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

ORDER 1. The applicant has filed an miscellaneous applicant bearing M.A. No.253/2012 on 16.05.2012 under Section 31 of the AFT Act, 2007 for granting permission to file appeal before the Honble Apex Court against the judgment dated 24.05.2011 passed by this Tribunal whereby the T.A. of the applicant was dismissed. Along with this, an application for condonation of delay in filing the application under Section 31 of the AFT Act, 2007, has also been filed by the applicant. 2. During the course of submissions, learned counsel for the applicant submitted that in this case the point of limitation in initiating GCM proceedings was not properly considered by the Tribunal as the GCM was time barred. He further submitted that Court of Inquiry report was submitted on 14.08.1995 and posting order was passed just thereafter and GCM was convened on 08.09.1998, therefore, it is presumed that the competent authority has considered the Court of Inquiry and has got knowledge of the offence. Counting t...