At, Armed Forces Tribunal Principal Bench New Delhi
By, THE HONOURABLE MR. JUSTICE BABU MATHEW P. JOSEPH
By, JUDICIAL MEMBER & THE HONOURABLE MR. LT. GEN. S.K. SINGH
By, MEMBER ADMINISTRATIVE MEMBER
For the Petitioner: Arun Khatri, Advocate For the Respondents: J.S. Rawat, Advocate.
1. Learned counsel for the applicant prays for further time for producing documents. He also prays for an interim order.
2. Having heard the learned counsel for the applicant, we are satisfied that there is a prima facie case for the applicant to prosecute in this Tribunal. Therefore, we admit this original application. Shri J.S. Rawat, learned Central Government Senior Panel Counsel, takes notice for the respondents. The respondents shall file their reply statement within eight weeks from today. The applicant can file his rejoinder, if any, within two weeks thereafter.
3. The applicant has been working in the Army as a Rifleman since 25.03.2003. The applicant was proceeded against on the allegation that he had contracted a second marriage while the first one was subsisting. Court of Inquiry proceedings were initiated against him and he was served with a show cause notice dated 21.11.2016 threatening that he would be dismissed from service unless valid explanations are offered.
4. Learned counsel for the applicant submits that the first marriage of the applicant is not subsisting. The applicant married again only after obtaining divorce. After his second marriage, two children were born out of that wedlock. The lady who was his first wife also remarried and leading a married life. The applicant has evidence to prove that there is no plural marriage as alleged. In these circumstances, the learned counsel for the applicant prays for granting an interim relief by way of staying all further proceedings pursuant to the show cause notice dated 21.11.2016 issued by the establishment.
4. In the light of the assertions made by the learned counsel for the applicant, we are satisfied that the facts obtained in this case clearly warrant granting an interim relief. Therefore, all further proceedings pursuant to the impugned show cause notice dated 21.11.2016 are stayed until further orders.
5. The applicant
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is free to file any documents before the next posting date of the case. 6. Post this matter before the Principal Registrar on 04.07.2017 for completion of pleadings. 7. Copy of the order dasti.