ITEM NO.39 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (Only IA No.96908/2017-CLARIFICATION/DIRECTION will be listed in C.A. no. 9125/2012) WITH C.A. No. 9125/2012 (XVII) (IA No.96908/2017-CLARIFICATION/DIRECTION will be listed in C.a. no. 9125/2012) Date : 11-01-2018 These appeals were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mrs. V. Mohana, Sr. Adv. Mr. R. Balasubramaniam, Adv. Ms. Sadhna Sandhu, Adv. Ms. Aarti Sharma, Adv. for Mr. Mukesh Kumar Maroria, Adv. [AOR] For Respondent(s) Mr. D.S. Kauntae, Adv. Ms. Farha Faiz, Adv. Mr. Meghpal Singh, Adv. for Mr. Abhishek Atrey, Adv. [AOR] UPON hearing the counsel the Court made the following O R D E R Civil Appeal Nos.4666-4667 of 2012 are taken on Board. All the appeals are disposed of in terms of the signed order. No order as to costs. (Subhash Chander) (H.S. Parasher) AR-cum-PS Assistant Registrar [Signed Order is placed on the file]
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4666-4667 OF 2012 Union of India & Ors. ....Appellants Versus Hans Raj Singh ....Respondent W I T H CIVIL APPEAL NO.9125 OF 2012 Union of India & Ors. ....Appellant Versus Hav./P.A. Bijay Pal Singh ....Respondent O R D E R Civil Appeal Nos.4666-4667 of 2012 are taken on Board. Heard Mrs. V. Mohana, learned senior counsel for the appellants and Mr. D.S. Kauntae, learned counsel for the respondents. In the course of hearing, we have been apprised that the respondents have already attained the age of superannuation and they are being extended the benefit of pension. In view of the aforesaid, we are not inclined to interfere with the impugned orders. The appeals are accordingly disposed of. No order as to costs. ........................CJI. [DIPAK MISRA] ..........................J. [A.M. KHANWILKAR] New Delhi. ..........................J. January 11, 2018. [Dr. D.Y. CHANDRACHUD]
ITEM NO.18 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) WITH C.A. No. 9125/2012 (XVII) Date : 10-07-2017 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Ms. V. Mohana, Sr. Adv. Mr. R. Balasubramanium, Adv. Ms. Sadhana Sandhu, Adv. Mr. Mukesh Kumar Maroria, AOR For Respondent(s) Mr. D.S. Kauntae, Adv. Ms. Farha Faiz, Adv. Mr. Megh Pal Singh, Adv. Mr. Abhishek Atrey, AOR UPON hearing the counsel the Court made the following O R D E R Admit. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
ITEM NO.39 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (with appln. (s) for condonation of delay in filing appeal. and exemption from filing c/c of the impugned judgment and stay and office report) Date : 07/04/2017 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Mr. R. Bala, Adv. Ms. Sadhna Sandhu, Adv. Mr. Akshay Amritanshu, Adv. Ms. Aarti Sharma, Adv. Mr. Mukesh Kumar Maroria,Adv. For Respondent(s) Mr. D.S. Kauntae, Adv. Ms. Farha Faiz, Adv. Mr. Meghpal Singh, Adv. Mr. Abhishek Atrey, AOR UPON hearing the counsel the Court made the following O R D E R Let the matter be listed along with Civil Appeal No.9125 of 2012 in the second week of July, 2017. (Gulshan Kumar Arora) Court Master (Madhu Narula) Court Master
SECTION XVII Matter For : 07 .04.2017 Court No. 02 Item No. 39 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4666-4667 OF 2012 Union of India & Ors. ...Appellants VERSUS Hans Raj Singh ...Respondent OFFICE REPORT The matters above mentioned were listed alongwith connected matter before the Hon'ble Court on 13 th February, 2017, when the Court was pleased to pass the following Order : “ C.A. No. 4666-4667/2012 It is submitted by Mr. D. S. Kuntae, learned counsel appearing for Hans Raj Singh respondent that during the pendency of this appeal he has been reinstated and also attained the age of superannuation. According to the learned counsel it is also put forth by him that he has been getting pension regularly. Mr. Maninder Singh, learned Additional Solicitor General for the Union of India being assisted by Mr. R. Balasubramanian shall obtain instructions in this regard. Let the matter be listed after four weeks. C.A. No. 9225/2012 List this matter after eight weeks. ” It is submitted that counsel for the appellants has not filed any documents as directed by the Hon'ble Court. Service of show cause notice is complete. Th e matters above-mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 05TH DAY OF APRIL, 2017. ASSISTANT REGISTRAR COPY TO: Mr. M. K. Maroria , Advocate Mr. Abhishek Atrey, Advocate ASSISTANT REGISTRAR ak
ÂITEM NO.39 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal No(s). 4666-4667/2012UNION OF INDIA & ORS. Appellant(s) VERSUSHANS RAJ SINGH Respondent(s)(with appln. (s) for condonation of delay in filing appeal. and exemption from filing c/c of the impugned judgment and stay and office report)Date : 07/04/2017 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKARFor Appellant(s) Mr. R. Bala, Adv.Ms. Sadhna Sandhu, Adv.Mr. Akshay Amritanshu, Adv.Ms. Aarti Sharma, Adv.Mr. Mukesh Kumar Maroria,Adv. For Respondent(s) Mr. D.S. Kauntae, Adv.Ms. Farha Faiz, Adv.Mr. Meghpal Singh, Adv.Mr. Abhishek Atrey, AOR UPON hearing the counsel the Court made the following O R D E RLet the matter be listed along with Civil Appeal No.9125 of 2012 in the second week of July, 2017.(Gulshan Kumar Arora)Court Master (Madhu Narula)Court Master
1 ITEM NO.39 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (with appln. (s) for condonation of delay in filing appeal and exemption from filing c/c of the impugned judgment and stay and office report) WITH C.A. No.9125/2012 (With appln.(s) for vacating stay and appln.(s) for leave to appeal u/s 31(1) of the armed forces tribunal act, 2007 and appln. (s) for stay and Office Report) Date : 13/02/2017 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Maninder Singh, ASG Ms. V. Mohana, Sr. Adv. Mr. R. Balasubramanian, Adv. Mr. Ananya Mishra, Adv. Mr. Prabhas Bajaj, Adv. Mr. Akshay Amritanshu, Adv. Ms. Jyotika Kalra, Adv. Ms. Sadhana Sandhu, Adv. Mr. M.K.Maroria, Adv. For Respondent(s) Mr. D.S. Kuntae, Adv. Ms. Farha Faiz, Adv. Mr. M.P. Singh, Adv. Mr. Abhishek Atrey, Adv. UPON hearing the counsel the Court made the following O R D E R C.A. No.4666-4667/2012 It is submitted by Mr.D.S.Kuntae, learned counsel appearing for Hans Raj Singh-respondent that during the pendency of this
2 appeal he has been reinstated and also attained the age of superannuation. According to the learned counsel it is also put forth by him that he has been getting pension regularly. Mr. Maninder Singh, learned Additional Solicitor General for the Union of India being assisted by Mr.R. Balasubramanian shall obtain instructions in this regard. Let the matter be listed after four weeks. C.A. No.9125/2012 List this matter after eight weeks. (Ashok Raj Singh) (H.S. Parasher) Court Master Court Master
j1ITEM NO.39 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal No(s).4666-4667/2012UNION OF INDIA & ORS. Appellant(s) VERSUSHANS RAJ SINGH Respondent(s)(with appln. (s) for condonation of delay in filing appeal and exemption from filing c/c of the impugned judgment and stay and office report)WITHC.A. No.9125/2012(With appln.(s) for vacating stay and appln.(s) for leave toappeal u/s 31(1) of the armed forces tribunal act, 2007 and appln.(s) for stay and Office Report)Date : 13/02/2017 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHIFor Appellant(s) Mr. Maninder Singh, ASG Ms. V. Mohana, Sr. Adv. Mr. R. Balasubramanian, Adv. Mr. Ananya Mishra, Adv. Mr. Prabhas Bajaj, Adv. Mr. Akshay Amritanshu, Adv. Ms. Jyotika Kalra, Adv. Ms. Sadhana Sandhu, Adv. Mr. M.K.Maroria, Adv. For Respondent(s) Mr. D.S. Kuntae, Adv. Ms. Farha Faiz, Adv. Mr. M.P. Singh, Adv. Mr. Abhishek Atrey, Adv. UPON hearing the counsel the Court made the following O R D E RC.A. No.4666-4667/2012It is submitted by Mr.D.S.Kuntae, learned counsel appearingfor Hans Raj Singh-respondent that during the pendency of this2appeal he has been reinstated and also attained the age ofsuperannuation. According to the learned counsel it is also putforth by him that he has been getting pension regularly.Mr. Maninder Singh, learned Additional Solicitor General for theUnion of India being assisted by Mr.R. Balasubramanian shall obtaininstructions in this regard.Let the matter be listed after four weeks.C.A. No.9125/2012List this matter after eight weeks. (Ashok Raj Singh) (H.S. Parasher) Court Master Court Master
ITEM NO.44 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (with appln. (s) for condonation of delay in filing appeal and exemption from filing c/c of the impugned judgment and stay and office report) WITH C.A.No.9125/2012 (With appln.(s) for vacating stay and appln.(s) for leave to appeal u/s 31(1) of the armed forces tribunal act, 2007 and appln.(s) for stay and Office Report) Date : 16/01/2017 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Maninder Singh, ASG Ms. Pinky Anand, ASG Mr. V. Mohana, Sr. Adv. Ms. Sadhna Sandhu, Adv. Mr. R. Balasubramanam, Adv. Mr. M.K.Maroria, Adv. Mr. Piyush Bhardwaj, Adv. Ms. Shikha Kumari, Adv. Ms. Snidha Mehra, Adv. Mr. Shashank Dewan, Adv. Ms. Jyotika Kalra, Adv. For Respondent(s) Mr. D.S. Kuntae, Adv. Mr. Farha Faiz, Adv. Mr. Megh Pal Singh, Adv. D r. Abhishek Atrey, Adv. UPON hearing the counsel the Court made the following O R D E R Let the matters be listed on 13 th February, 2017. (Ashok Raj Singh) (H.S. Parasher) Court Master Court Master
SECTION XVII Matter For : 16 .01.2017 Court No. 02 Item No. 44 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4666-4667 OF 2012 AND CIVIL APPEAL NO. 9125 OF 2012 Union of India & Ors. ...Appellants VERSUS Hans Raj Singh Etc.Etc. ...Respondents OFFICE REPORT CIVIL APPEAL NOS. 4666-4667 OF 2012 The matter above mentioned was listed before the Hon'ble Court on 29 th November, 2013, when the Court was pleased to pass the following Order : “ Heard. Pleadings are complete. Post for final hearing on a non-miscellaneous day after winter vacation along with C.A. No.9125 of 2012. ” It is submitted that the sole respondent in this matter is represented through Mr. Abhishek Atrey, Advocate and he has on 06.07.2012 filed counter affidavit. (Copy of the same is placed with appeal paper books) It is further submitted that Mr. M.K. Maroria, counsel for the appellants has filed rejoinder affidavit. (Copy of the same is placed with appeal paper books) Service of show cause notice is complete. ...P/2
-2- CIVIL APPEAL NO. 9125 OF 2012 The matter above mentioned was listed before the Hon'ble Court on 14 th December, 2012, when the Court was pleased to pass the following Order : “ Delay condoned. Issue notice limited to the question whether the appellant would stand reduced to rank in view of Section 77 of the Army Act, 1950 upon his conviction for the offence of borrowing money contrary to Section 63 read with Regulation 337 of the Army Regulation and for having undergone rigorous imprisonment for a period of one year. Execution proceedings initiated by the respondent shall remain stayed. ” It is submitted that the sole respondent in this matter is represented through Mr. Abhishek Atrey, Advocate and he has on 14.02.2013 filed counter affidavit. (Copy of the same is placed with appeal paper books) Service of show cause notice is complete. Th e matters above-mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 13TH DAY OF JANUARY, 2017. ASSISTANT REGISTRAR COPY TO: Mr. M. K. Maroria , Advocate Mr. Abhishek Atrey, Advocate ASSISTANT REGISTRAR C-5
\204ITEM NO.44 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal No(s).4666-4667/2012UNION OF INDIA & ORS. Appellant(s) VERSUSHANS RAJ SINGH Respondent(s)(with appln. (s) for condonation of delay in filing appeal and exemption from filing c/c of the impugned judgment and stay and office report)WITHC.A.No.9125/2012(With appln.(s) for vacating stay and appln.(s) for leave to appealu/s 31(1) of the armed forces tribunal act, 2007 and appln.(s) for stay and Office Report)Date : 16/01/2017 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHIFor Appellant(s) Mr. Maninder Singh, ASG Ms. Pinky Anand, ASG Mr. V. Mohana, Sr. Adv. Ms. Sadhna Sandhu, Adv. Mr. R. Balasubramanam, Adv. Mr. M.K.Maroria, Adv. Mr. Piyush Bhardwaj, Adv. Ms. Shikha Kumari, Adv. Ms. Snidha Mehra, Adv. Mr. Shashank Dewan, Adv. Ms. Jyotika Kalra, Adv. For Respondent(s) Mr. D.S. Kuntae, Adv. Mr. Farha Faiz, Adv. Mr. Megh Pal Singh, Adv. D r. Abhishek Atrey, Adv. UPON hearing the counsel the Court made the following O R D E RLet the matters be listed on 13 th February, 2017. (Ashok Raj Singh) (H.S. Parasher) Court Master Court Master
ITEM NO.13 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 4/2016 in Civil Appeal No(s). 9125/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HAV/P.A.BIJAY PAL SINGH Respondent(s) (for early hearing and office report) Date : 19/09/2016 This application was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Mr. P.S. Patwalia, ASG Ms. Jyotika Kalra, Adv. Mr. Dhruv Sheoran, Adv. Mr. M.K. Maroria, Adv. For Respondent(s) Mr. D.S. Kuntae, Adv. Ms. Farha Naz, Adv. Mr. Abhishek Atrey,Adv. UPON hearing the counsel the Court made the following O R D E R Heard. We see no reason to entertain the application for early hearing. I.A. No.4 is, accordingly, dismissed. [VEENA KHERA] [ SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.
SECTION XVII Matter For : 19 .09.2016 Court No. 01 Item No. 13 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO. 4 OF 2016 (Application for early hearing) IN CIVIL APPEAL NO. 9125 OF 2012 Union of India & Ors. ...Appellants VERSUS Hans Raj Singh Etc.Etc. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 14 th December, 2012, when the Court was pleased to pass the following Order : “ Delay condoned. Issue notice limited to the question whether the appellant would stand reduced to rank in view of Section 77 of the Army Act, 1950 upon his conviction for the offence of borrowing money contrary to Section 63 read with Regulation 337 of the Army Regulation and for having undergone rigorous imprisonment for a period of one year. Execution proceedings initiated by the respondent shall remain stayed. ” It is submitted that the sole respondent in this matter is represented through Mr. Abhishek Atrey, Advocate and he has on 14.02.2013 filed counter affidavit. (Copy of the same is placed with appeal paper books) Service of show cause notice is complete. It is further submitted that Mr. Abhishek Atrey, Advocate has on 31.08.2016 filed application for early hearing and the same has been registered as I.A. No. 4 of 2016. Copy of the same is placed herewith. Th e application for early hearing in the matter above-mentioned is listed before the Hon'ble Court with this office report. DATED THIS THE 16TH DAY OF SEPTEMBER, 2016. ASSISTANT REGISTRAR COPY TO: Mr. M. K. Maroria , Advocate Mr. Abhishek Atrey, Advocate ASSISTANT REGISTRAR C-5
&ITEM NO.13 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 4/2016 in Civil Appeal No(s). 9125/2012UNION OF INDIA & ORS. Appellant(s) VERSUSHAV/P.A.BIJAY PAL SINGH Respondent(s)(for early hearing and office report)Date : 19/09/2016 This application was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKARFor Appellant(s) Mr. P.S. Patwalia, ASG Ms. Jyotika Kalra, Adv. Mr. Dhruv Sheoran, Adv. Mr. M.K. Maroria, Adv. For Respondent(s) Mr. D.S. Kuntae, Adv. Ms. Farha Naz, Adv. Mr. Abhishek Atrey,Adv. UPON hearing the counsel the Court made the following O R D E RHeard.We see no reason to entertain the application for earlyhearing.I.A. No.4 is, accordingly, dismissed. [VEENA KHERA] [ SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.
1 ITEM NO.6 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 7-8/2016 in Civil Appeal No(s). 4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (for vacating stay and office report) WITH C.A. No. 9125/2012 (With appln.(s) for vacating stay and Office Report) Date : 08/02/2016 These applications were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Maninder Singh, ASG Ms. Pinky Anand, ASG Mr. V. Mohana, Adv. Ms. Sadhana Sandhu, Adv. Mr. B. V. Balaram Das,Adv. Mr. R. Balasubramanian, Adv. Mr. Malin Kohli, Adv. Mr. Prabhas Bajaj, Adv. For Respondent(s) Mr. Abhishek Atrey, Adv. Mr. D.S. Kuntae, Adv. UPON hearing the counsel the Court made the following O R D E R Mr. Maninder Singh, learned Additional Solicitor General submits that according to his instructions the respondents were reinstated on a provisional basis subject to the outcome of present
2 appeals. He further submits that consequent upon their attaining the age of superannuation the requisite retiral benefits admissible to them have also been ordered to be released in their favour. This position is disputed by learned counsel appearing for the respondents who submits that the respondents have not so far received the retiral benefits. In the circumstances, therefore, we direct that in case the retiral benefits have not already been released by the appellants the same shall be released expeditiously but not later than six weeks from today. Our order dated 11.05.2012 shall to that extent stand modified. This application is accordingly disposed of. We make it clear that the release of payment of the pensionary benefits shall remain without prejudice to the right of the appellants in the present appeals. (Ashok Raj Singh) (Veena Khera) Court Master Court Master
¨ 1 ITEM NO.6 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 7-8/2016 in Civil Appeal No(s). 4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (for vacating stay and office report) WITH C.A. No. 9125/2012 (With appln.(s) for vacating stay and Office Report) Date : 08/02/2016 These applications were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Maninder Singh, ASG Ms. Pinky Anand, ASG Mr. V. Mohana, Adv. Ms. Sadhana Sandhu, Adv. Mr. B. V. Balaram Das,Adv. Mr. R. Balasubramanian, Adv. Mr. Malin Kohli, Adv. Mr. Prabhas Bajaj, Adv. For Respondent(s) Mr. Abhishek Atrey, Adv. Mr. D.S. Kuntae, Adv. UPON hearing the counsel the Court made the following O R D E RSignature Not Verified Mr. Maninder Singh, learned Additional Solicitor GeneralDigitally signed byASHOK RAJ SINGHDate: 2016.02.24 submits that according to his instructions the respondents were13:56:25 ISTReason: reinstated on a provisional basis subject to the outcome of present 2appeals. He further submits that consequent upon their attainingthe age of superannuation the requisite retiral benefits admissible
to them have also been ordered to be released in their favour.This position is disputed by learned counsel appearing for therespondents who submits that the respondents have not so farreceived the retiral benefits. In the circumstances, therefore, we direct that in case theretiral benefits have not already been released by the appellantsthe same shall be released expeditiously but not later than sixweeks from today. Our order dated 11.05.2012 shall to that extentstand modified. This application is accordingly disposed of. Wemake it clear that the release of payment of the pensionarybenefits shall remain without prejudice to the right of theappellants in the present appeals. (Ashok Raj Singh) (Veena Khera) Court Master Court Master
ITEM NO.5 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 7-8/2016 in Civil Appeal No(s). 4666-4667/2012 UNION OF INDIA & ORS. Appellant(s) VERSUS HANS RAJ SINGH Respondent(s) (for vacating stay and office report) WITH I.A. No. 3 in C.A. No. 9125/2012 (With appln.(s) for vacating stay and Office Report) Date : 27/01/2016 These applications were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) MS. Pinky Anand, ASG, Ms. V.Mohana, Sr. Adv. MS. Sadhna Sandhu, Adv. MS. Snidha Mehra, Adv. Mr. B. V. Balaram Das,Adv. For Respondent(s) Mr. D.S.Kauntae, Adv. Mr. Abhishek Atrey,Adv. UPON hearing the counsel the Court made the following O R D E R Post on Monday i.e. 08.02.2016. (Shashi Sareen) (Veena Khera) AR-cum-PS Court Master
SECTION XVII Matter For : 27 .01.2016 Court No. 01 Item No. 05 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NOS. 7-8 OF 2016 (Applications for vacating stay) IN CIVIL APPEAL NOS. 4666-4667 OF 2012 AND INTERLOCUTORY APPLICATION NO. 3 OF 2016 (Application for vacating stay) IN CIVIL APPEAL NO. 9125 OF 2012 Union of India & Ors. ...Appellants VERSUS Hans Raj Singh Etc.Etc. ...Respondents OFFICE REPORT CIVIL APPEAL NOS. 4666-4667 OF 2012 The matter above mentioned was listed before the Hon'ble Court on 29 th November, 2013, when the Court was pleased to pass the following Order : “ Heard. Pleadings are complete. Post for final hearing on a non-miscellaneous day after winter vacation along with C.A. No.9125 of 2012. ” It is submitted that the sole respondent in this matter is represented through Mr. Abhishek Atrey, Advocate and he has on 06.07.2012 filed counter affidavit. (Copy of the same is placed with appeal paper books) It is further submitted that Mr. B.V. Balram Das, counsel for the appellants has on 26.11.2013 filed rejoinder affidavit. (Copy of the same is placed with appeal paper books) Service of show cause notice is complete. ...P/2
-2- It is lastly submitted that Mr. Abhishek Atrey, Advocate has on 06.01.2016 filed application for vacating stay and the same has been registered as I.A. Nos. 7-8 of 2016. (Copy of the same is placed with appeal paper books) CIVIL APPEAL NO. 9125 OF 2012 The matter above mentioned was listed before the Hon'ble Court on 14 th December, 2012, when the Court was pleased to pass the following Order : “ Delay condoned. Issue notice limited to the question whether the appellant would stand reduced to rank in view of Section 77 of the Army Act, 1950 upon his conviction for the offence of borrowing money contrary to Section 63 read with Regulation 337 of the Army Regulation and for having undergone rigorous imprisonment for a period of one year. Execution proceedings initiated by the respondent shall remain stayed. ” It is submitted that the sole respondent in this matter is represented through Mr. Abhishek Atrey, Advocate and he has on 14.02.2013 filed counter affidavit. (Copy of the same is placed with appeal paper books) Service of show cause notice is complete. It is further submitted that Mr. Abhishek Atrey, Advocate has on 06.01.2016 filed application for vacating stay and the same has been registered as I.A. No. 3 of 2016. (Copy of the same is placed with appeal paper books) Th e applications for vacating stay in the matters above-mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 23RD DAY OF JANUARY, 2016. Sd/- ASSISTANT REGISTRAR COPY TO: Mr. B.V. Balram Das , Advocate Mr. Abhishek Atrey, Advocate ASSISTANT REGISTRAR C-5
`ITEM NO.5 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 7-8/2016 in Civil Appeal No(s). 4666-4667/2012UNION OF INDIA & ORS. Appellant(s) VERSUSHANS RAJ SINGH Respondent(s)(for vacating stay and office report)WITHI.A. No. 3 in C.A. No. 9125/2012(With appln.(s) for vacating stay and Office Report) Date : 27/01/2016 These applications were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MRS. JUSTICE R. BANUMATHIFor Appellant(s) MS. Pinky Anand, ASG,Ms. V.Mohana, Sr. Adv.MS. Sadhna Sandhu, Adv.MS. Snidha Mehra, Adv.Mr. B. V. Balaram Das,Adv. For Respondent(s) Mr. D.S.Kauntae, Adv.Mr. Abhishek Atrey,Adv. UPON hearing the counsel the Court made the following O R D E R Post on Monday i.e. 08.02.2016.(Shashi Sareen) (Veena Khera) AR-cum-PS Court Master
\ITEM NO.43 Court NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 4666-4667 OF 2012UNION OF INDIA & ORS. Appellant (s) VERSUSHANS RAJ SINGH Respondent(s)(With appln(s) for stay,exemption from filing c/c of the impugnedJudgment,condonation of delay in filing appeal. and office report)Date: 29/11/2013 These Appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Appellant(s) Mr. Mohan Jain, ASG, Ms. V.Mohana,Adv. Mr. T.Rao,Adv. Mr. B.V. Balaram Das,Adv.For Respondent(s) Mr. D.S. Kuntae,Adv. Mr. Abhishek Atrey,Adv. UPON hearing counsel the Court made the following O R D E R Heard. Pleadings are complete. Post for final hearing on a non-miscellaneous day after winter vacation along with C.A. No.9125 of 2012. |(Mahabir Singh) | |(Veena Khera) ||Court Master | |Court Master |
,ITEM NO.39 COURT NO.8 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 4666-4667 OF 2012UNION OF INDIA & ORS. Appellant (s) VERSUSHANS RAJ SINGH Respondent(s)(With appln(s) for exemption from filing c/c of the impugnedJudgment,stay,condonation of delay in filing appeal. and office report)Date: 02/07/2013 These Appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Appellant(s) Mr. Mohan Jain,ASG Mr. Deepak Jain,Adv. Mr. Prabhat Sharma,Adv. Ms. V. Mohana,Adv. Mr. B.V. Balaram Das,Adv.For Respondent(s) Mr. D.S. Kuntee,Adv. Mr. Abhishek Atrey,Adv. UPON hearing counsel the Court made the following O R D E R Heard. Counter affidavit has already been filed. Two weeks' time is granted to file rejoinder. Post after two weeks.|(Mahabir Singh) | (Veena Khera) || Court Master | Court Master |
ìITEM NO.36 REGISTRAR COURT.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 9125 OF 2012 BEFORE THE REGISTRAR SUNIL THOMASUNION OF INDIA & ORS. Appellant (s) VERSUSHAV/P.A.BIJAY PAL SINGH Respondent(s)(With appln(s) for stay and office report ))Date: 18/01/2013 This Appeal was called on for hearing today.For Appellant(s) Mr. Anil Antil,Adv. Mr. B.V. Balaram Das,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Counsel for the appellants seeks two weeks time for remitting process fee and spare copy of the pleadings. Granted as a last chance. If steps are taken, issue notice as directed by the Hon'ble Court Await return of notice. List the matter on 5.3.2013.| | |(SUNIL THOMAS) ||s | |Registrar |
¢ITEM NO.53 Court No.10 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL D.NO(s). 10906 OF 2012UNION OF INDIA & ORS. Appellant (s) VERSUSHAV/P.A.BIJAY PAL SINGH Respondent(s)(With appln(s) for leave to appeal u/s 31 (1) of the Armed Forces TribunalAct, 2007 and office report ))Date: 14/12/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. A.S.Chandiok, ASG, Mr. R.Balasubramanian, Adv. Mr. Gurmeet SIngh, Adv. MR. Santosh Kumar, Adv. Mr. B.V. Balaram Das,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice limited to the question whether the appellant would stand reduced to rank in view of Section 77 of the Army Act, 1950 upon his conviction for the offence of borrowing money contrary to Section 63 read with Regulation 337 of the Army Regulation and for having undergone rigorous imprisonment for a period of one year. Execution proceedings initiated by the respondent shall remain stayed. |(Shashi Sareen) | |(Veena Khera) ||Court Master | |Court Master |
dITEM NO.13 Court No.10 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL D.NO(s). 10906 OF 2012 (For Prel. Hearing)UNION OF INDIA & ORS. Appellant (s) VERSUSHAV/P.A.BIJAY PAL SINGH Respondent(s)(With appln(s) for leave to appeal u/s 31(1) of the Armed Forces TribunalAct, 2007 and office report ))Date: 10/12/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Ms. Kiran Kapoor, Adv. Mr. R.Balasubramaanian, Adv. Mr. B.V. Balaram Das,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List on 14.12.2012. |(Shashi Sareen) | |(Sneh Lata Sharma) ||Court Master | |Court Master |