WP(C) No.1793/2023 1 | P a g e Sr. No.6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court WP(C) No.1793/2023 SAJAD AHMAD QURESHI ...PETITIONER(S) Through: - Mr. Mohammad Yawar, Advocate, with Ms. Laila Khan, Advocate. Vs. UNION OF INDIA AND OTHERS ...RESPONDENT(S) Through: - Mr. T. M. Shamsi, DSGI, with Ms. Rehana Qayoom, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 1. The petitioner had filed a writ petition bearing SWP No.1922/2010 before the Writ Court assailing the order of his discharge from service dated 31.08.2008 issued by the respondent No.3. The said writ petition came to be transferred to the Armed Forces Tribunal, Srinagar at Regional Bench, Jammu (for short “the Tribunal”) and was renumbered as T.A. No.71 of 2019. The learned Tribunal vide its order dated 02.05.2023 dismissed the T.A preferred by the petitioner. 2. The petitioner has assailed the order dated 02.05.2023 passed by the learned Tribunal, primarily, on WP(C) No.1793/2023 2 | P a g e the ground that his application was decided by the learned Tribunal in his absence and, in fact, he has been condemned unheard. 3. Mr. Shamsi, DSGI, has not objected to the maintainability of the writ petition and during the course of hearing, both the learned counsel representing the parties reached to a consensus that as the application of the petitioner was decided by the learned Tribunal without affording any opportunity of hearing to the petitioner, the matter be remanded back to the learned Tribunal for disposal under law. 4. In view of the above, the order dated 02.05.2023 is set aside and the matter is remanded back to the learned Tribunal for its disposal in accordance with law after hearing the parties. Needless to say that we have not examined the merits of the case. 5. A copy of this order along with the record be sent to the learned Tribunal for information and compliance. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 18.09.2025 “Bhat Altaf”