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2025 DAILYLAW 151655 (ALL)

SERGEANT BIRENDRA CHAUDHARY (RETD.) v. UNION OF INDIA THRU. SECY. MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI AND 5 OTHERS

WRIA/7846/2025 · 2025-07-21

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41585-DB Court No. - 1 Case :- WRIT - A No. - 7846 of 2025 Petitioner :- Sergeant Birendra Chaudhary (Retd.) Respondent :- Union Of India Thru. Secy. Ministry Of Defence South Block New Delhi And 5 Others Counsel for Petitioner :- In Person Counsel for Respondent :- A.S.G.I. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. Heard the petitioner, who has appeared in person and Sri S.B.Pandey, learned Deputy Solicitor General of India assisted by Sri Anand Dwivedi, learned counsel for the Union of India. 2. This writ petition is directed against the Judgment/Order dated 22.05.2025 passed by the Armed Forces Tribunal, Regional Bench, Lucknow in R.A. No. 07 of 2025, inre : O.A. No. 818 of 2024, Sgt. Birendra Chaudhary(Retd.) Vs Union of India and Others, rejecting the review application arising out of the order dated 08-04-2025, which for ready reference, is extracted herein below :- "1.On the case being taken up for hearing,Sgt Birendra Chaudhary(Retd), the applicant and Shri Shailendra Sharma Atal, Ld. counsel for the respondent nos. 1 to 3 are present. None for respondent no. 4. 2. The respondent no. 4 is No. 33128 H Group Captain MPS Marwaha, which is private person. Let notice be issued to respondent no. 4 returnable within four weeks. The applicant is directed to take steps within a week. 3. List on 14.07.2025." 3. It is clear from the impugned order passed on the review application as well as the order dated 08-04-2025 extracted above that notice was required to be issued to respondent no. 4 who was impleaded in private capacity and was not represented by Shri Shailendra Sharma Atal, Advocate, who had confined his appearance on behalf of respondent nos. 1 to 3. 4. In issuing the notice to respondent no. 4 by the Tribunal vide order dated 08-04-2025, in our humble consideration, the tribunal did not commit any illegality. The review application has rightly been rejected by the Tribunal. The reasons are just and plausible. 5. We do not see any scope for interference in the present writ petition and the same lacks merit. 6. It is accordingly dismissed. (Shree Prakash Singh,J.) (A.R.Masoodi,J.) Order Date :- 21.7.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench