(T.S. Thakur, C.J. and Uday Umesh Lalit, J.)
Union of India ____________________________________ Appellant
v.
A.D. Narglokar __________________________________ Respondent
(for leave to appeal u/s 31(1) of the armed forces tribunal act, 2007 and office report)
I.A. 1/2014 in Civil Appeal Diary No(s). 27176/2014, decided on February 23, 2016
The Order of the court was delivered by
Order
1. We have heard Mr. P.S. Patwalia, learned ASG at some length as also Col. A.D. Nargolkar who appears in person. We are informed that Armed Forces Tribunal, Regional Bench, Mumbai is still seized of O.A Nos. 50 and 63 of 2009 in which the respondent has challenged award of censure and stoppage of promotion by removal of his name from the select list for promotion to the next rank of Brigadier in the Indian Army. In the peculiar facts and circumstances of the case, we are of the view that the hearing of this petition should await disposal of said O.As which ought to be heard and disposed off expeditiously by the Tribunal. It is obvious that there is some delay on the part of the Tribunal in doing so largely attributable to non-filling of the vacancies in the Tribunal. We are, however, told that some arrangements are being made for filling up the vacancies on regular/temporary basis. Be that as it may, we request the Tribunal Regional Bench, Mumbai to take up the matter as expeditiously as possible and dispose off the same within outer limit of six months from today. We direct that the parties shall co-operate with the process of adjudication of the matter by the Tribunal. The Tribunal shall in turn make an endeavour to prevent any unnecessary procrastination of the case. This case shall, in the meantime, stand adjourned to be listed after conclusion of the proceedings before the Armed Forces Tribunal, Mumbai.
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