No. 2894436P Ex Rfn Pappu Singh vs U.O.I. Thru. Secy. Ministry Of Defence ...
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Allahabad High Court

No. 2894436P Ex Rfn Pappu Singh vs U.O.I. Thru. Secy. Ministry Of Defence ... on 17 February, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:10115-DB
 
Court No. - 1
 

 
Case :- WRIT - A No. - 12823 of 2021
 

 
Petitioner :- No. 2894436p Ex Rfn Pappu Singh
 
Respondent :- U.O.I. Thru. Secy. Ministry Of Defence Army And Ors.
 
Counsel for Petitioner :- Anil Kumar Maurya,Om Prakash Kushwaha,Veer Raghav Chaubey
 
Counsel for Respondent :- A.S.G.
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Subhash Vidyarthi,J.

Heard Shri Veer Raghav Chaubey, learned counsel for the petitioner and Shri Varun Pandey, learned counsel for the Union of India.

By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of the impugned judgment and order dated 26.11.2020 passed by the Armed Forces Tribunal, Lucknow whereby the Original Application filed by the petitioner has been rejected on the ground of being barred by limitation.

The petitioner while serving as a Sepoy had submitted a resignation on 04.05.2007 stating that he had already served for nine years & two months and he was unable to serve any more because he was suffering from some problems and he had to look after his ailing wife due to which he was under mental stress.

The resignation was accepted by means of an order dated 18.01.2007, after recommendations and approvals at various levels.

The petitioner claims to have submitted a representation dated 10.02.2008 stating that he was made to put his signatures under a conspiracy while he was under intoxication and he was discharged from service six months after submission of the resignation. This representation is claimed to have sent under certificate of posting. Even this representation does not make a mention of the names of any persons who wrongly made the petitioner to put his signature on the resignation letter.

It appears that having voluntarily resigned from service, the petitioner had submitted a representation as an afterthought.

After submitting the representation on 10.08.2008 the petitioner for the first time has approached the Armed Forces Tribunal for a direction for disposal of his representation in the year 2019.

The Tribunal has held that the Original Application was barred by the period of limitation which is six months as per the statutory provision contained in section 22 of the Armed Forces Tribunal Act.

We find no illegality or error in the impugned order dated 26.11.2020 passed by the Armed Forces Tribunal holding that the Original Application to be barred by the period of limitation.

The writ petition lacks merits which is hereby dismissed.

.

[Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.]

Order Date :- 17.2.2025

akhilesh/-