(Pinaki Chandra Ghose and Amitava Roy, JJ.)
Union of India and Ors. _____________________________ Appellant(s)
v.
Brig. N.K. Mehta VSM And Ors. ____________________ Respondent(s)
I.A. No. 1/2016 in Civil Appeal Diary No(s). 18592/2016, decided on May 30, 2016
With
I.A. No. 1/2016 in Civil Appeal Diary No(s). 18239/2016
The Order of the court was delivered by
Order
1. Permission to file appeals is granted.
2. Issue notice, returnable on 09.08.2016.
3. Ms. Aishwarya Bhati, learned counsel, accepts notice on behalf of Respondent No. 2 – Major General R. S. Rathore.
4. In the meantime, there shall be stay of operation and implementation of the impugned Judgment so far as the order on costs as mentioned in Paragraph 111(iii) of the impugned Judgment is concerned. Reversion of Respondent No. 1 from the post of Lt. General is also kept in abeyance.
5. Any adjudication with regard to the authority of the Union of India, as has been pointed out by the Tribunal, is stayed as well.
6. It is clarified that the restraint on the reversion of Brig. N. K. Mehta from the post of Lt. General would not, in any manner, come in the way of adjudication of O.A. No. 19 of 2016 filed by Major General R. S. Rathore.
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