Major Bobade Avinash Narayanrao vs Union Of India And Others
2022 Latest Caselaw 1547 j&K

                                      h475




                                                                  S.No.19

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                              CM No.4668/2022
                                              In WP(C) No.4200/2019


Major Bobade Avinash Narayanrao                ...Petitioner/Non-applicant(s)

                             Through:- Mr. Dheeeraj Sharma, Advocate
      V/s


Union of India and others                         ...Respondent/applicant(s)

                            Through:- Mr. Vishal Sharma, DSGI

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
        HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

                                     ORDER

1. This is an application seeking clarification of the judgment passed by

this Court on 18th November, 2019 in WP(C) No.4200/2019. It is

contended by the learned DSGI that the directions issued by the Division

Bench while disposing of the aforesaid petition are contradictory in terms,

in that, at one place the Division Bench has directed the applicants-

respondents to re-consider the matter from the aspect of confirmation of

conviction and sentence and at other place it directs the applicants-

respondents to forbear from issuing requisite promulgation.

2. It is submitted that in terms of Rule 71 of the Army Rules, unless the

promulgation is issued, the confirmation of conviction and sentence is not

complete. He, therefore, points out contradictions in the two directions.

3. We have heard learned counsel for the parties and perused the

material on record.

4. May be it is true that the confirmation of the conviction and sentence

and the promulgation required under the Rules has to be made

simultaneously but the respondents-applicants can await the disposal of the

appeal pending before the AFT before they take up the matter of

confirmation of the conviction and sentence of the petitioner and issuance

of promulgation to give effect thereto. We are, therefore, not inclined to

accept the request of the applicants-respondents for clarification of the

judgment. The net effect of the judgment passed by the Division Bench on

18.11.2019 is that the respondents/applicants shall wait for disposal of the

appeal pending before the Armed Forces Tribunal and shall proceed in the

matter in terms of the judgment that may be passed by the Tribunal.

However, having regard to the fact that the appeal is pending before the

Armed Forces Tribunal since 2018, we request the Armed Forces Tribunal

to expedite the matter and dispose of the appeal expeditiously, preferably

within a period of four months from the date fixed in the matter.

5. Applicant shall stand disposed of accordingly.

                          (Rajesh Sekhri)                (Sanjeev Kumar)
                               Judge                           Judge
Jammu
31.10.2022
Vinod, PS