Hav Satish Kumar Applicant v. Union Of India And Others

1. Heard Shri Puru Mudgal, Advocate holding brief for Wg. Cdr. Ajit Kakkar (Retd), Ld. Counsel for the applicant and Shri J.N. Mishra, Ld. Counsel for the respondents.

2. In regard to defects raised by the registry learned counsel for the applicant submits that applicant has filed this application against denial of promotion to the higher rank. Applicant has been denied promotion by Army Medical Corps Record Office vide letter dated 22.04.2022. The office of Record Office Army Medical Corps is situated in Lucknow and it is within the jurisdiction of this Tribunal and application can be heard by this Bench.

3. Copy of letter dated 22.04.2022 has been filed at page 16 of the O.A. A perusal of the letter shows that applicant has been denied promotion vide letter dated 22.04.2022 issued by Army Medical Corps Record Office which is situated at Lucknow.

4. Rule 6 of the AFT, Procedure Rules-2008 speaks filing of application and as per sub rule 6(ii) an application may be filed by the applicant with the registry of the Bench within whose jurisdiction the cause of action, wholly or in part, has arisen. Since the cause of action in this case has arisen at Lucknow, the place where Army Medical Corps Record Office is situated, therefore in view of sub rule (ii) of Rule 6 of the AFT Procedure Rules-2008, this Tribunal has jurisdiction to hear the application.

5. Accordingly, objection raised by the registry is not tenable and application is held maintainable.

6. Case needs adjudication.

7. Admit.

8. Learned counsel for the respondents has accepted notice on behalf of the respondents. He shall file counter affidavit within four weeks.

9. Thereafter, learned counsel for the applicant shall have two weeks time to file rejoinder affidavit, if any.

10. List before the Registrar Court on 05.01.2023 and before the Bench on 07.03.2023.