M. Baiju, Ex-sepoy Versus the Secretary, Govt. of India, Ministry of Defence, New Delhi and Others - Court Judgment |
| Armed forces Tribunal AFT Regional Bench Kochi |
| Feb-19-2010 |
| T.A.NO.33 OF 2009 (WPC NO. 10566 OF 2005 OF THE HIGH COURT OF KERALA) |
| K.PADMANABHAN NAIR, MEMBER (J) & HONOURABLE LT.GEN.THOMAS MATHEW, PVSM, AVSM, MEMBER (A) |
padmanabhan nair, member (j). when this case is taken up for hearing, the learned counsel appearing for the petitioner submitted that in view of the interim order passed by the honourable high court on 30.3.2005, the amount already recovered from the petitioner was refunded to him. so, as on today, he has no grievance. it is submitted that if the bank initiates any further action for recovery, his right to approach the tribunal may be reserved. 2. since the grievance of the petitioner is redressed by the competent authority, no further orders on merits are required in this case. of course, if the bank makes any further recovery, it is open to the petitioner to challenge the same in accordance with law. in the result, the t.a. is closed without prejudice to the right of the petitioner to challenge the adverse order, if any, passed against him. no costs.
PADMANABHAN NAIR, MEMBER (J).
When this case is taken up for hearing, the learned counsel appearing for the petitioner submitted that in view of the interim order passed by the Honourable High Court on 30.3.2005, the amount already recovered from the petitioner was refunded to him. So, as on today, he has no grievance. It is submitted that if the Bank initiates any further action for recovery, his right to approach the Tribunal may be reserved.
2. Since the grievance of the petitioner is redressed by the competent authority, no further orders on merits are required in this case. Of course, if the Bank makes any further recovery, it is open to the petitioner to challenge the same in accordance with law.
In the result, the T.A. is closed without prejudice to the right of the petitioner to challenge the adverse order, if any, passed against him. No costs.