WPSS/1439/2023
2023 Latest Caselaw 2370 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                         COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No.1439 of 2023
                                  With
                                  WPSS No.1442 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Mahendra Singh Rawat, learned counsel for the petitioner(s).

2. Mr. Atul Bhatt, learned Central Government Standing Counsel for the respondents.

3. Since common questions of law and fact are involved in these writ petitions, therefore, they are being taken up together and are being decided by this common judgment.

4. In these writ petitions, the petitioners have challenged the orders of their removal from service by the Disciplinary Authority and the orders passed by the Appellate Authority, by which, the orders of Disciplinary Authority were affirmed.

5. At the outset, learned counsel for the respondents made a preliminary objection that the case of the petitioner would be entertainable before the Central Administrative Tribunal (C.A.T) for the reason that they were the employees of Indian Military Academy, Dehradun.

6. The said situation though admitted by learned counsel for the petitioners, but at the same time, he disputed the same that the impugned orders passed by the Disciplinary Authority suffers from vices of incompetency of the Officer, who passed that order and this Court can very well entertain these writ petitions.

7. In the opinion of this Court, the said ground can very well be entertainable before the C.A.T and the C.A.T

can adjudicate it, after going through the facts of the case together with the law applicable.

8. At this juncture, learned counsel for the petitioners made an innocuous prayer that the revision against the order of Appellate Authority is pending with Chief of Army Staff (COAS), Army Headquarters, South Block, Post Office, New Delhi, 11011, since 25.01.2022 and the writ petition may be disposed-off, by directing the said authority to decide the revision.

9. Learned counsel for the respondent has no serious objection for the said proposition given by the petitioners.

10. In this view of the matter, the writ petitions are disposed of by directing respondent no.1 to decide the statutory revisions of the petitioners filed on 25.01.2022 against the orders dated 16.10.2021, passed by the Appellate Authority within a period of six months from today.

(Pankaj Purohit, J.) 21.08.2023 SK

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