Tribunals and CommissionsDivision Bench

Ex Sep/MT Lekhraj vs Union of India & Ors

Armed Forces Tribunal · Decided on 2 August 2021 · Citation: (2021) 08 AFT CK 0004

HON’BLE JUDGES
Rajendra Menon, Chairperson (J) · P.M. Hariz, Member (A)
RESULT
Disposed Of
CASE NUMBER
OA 332 Of 2021 With MA 401 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 206 words

OA 332/2021 WITH MA 401/2021

Having heard learned counsel for the parties, in view of the law laid down by Hon’ble Supreme Court in the case of Deputy Director of

Collegiate Education (Administration) Madras Vs. S. Nagoor Meera [(1995) 3 SCC 377 ]w, e are of the considered view that merely because

the High Court in the criminal appeal filed by the applicant has directed for suspension of the sentence, the disqualification attached to the conviction is

not wiped out and till the applicant is not acquitted of the criminal charges in the appeal, he cannot claim any benefit as has been claimed in this

petition.

Keeping in view the aforesaid, for the present, we see no reason to make any indulgence into the matter. However, depending upon the outcome of

the criminal appeal filed by the applicant which is pending before the Punjab and Haryana High Court, in case the applicant is acquitted of the charges,

a right and cause of action will accrue to him to seek appropriate benefit in accordance with law.

With the aforesaid liberty to the applicant, for the present, finding no case for interference, we dispose of this matter.

OA stands disposed of.

MA, if any, also stands disposed of.