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UNION OF INDIA v. AIR COMMODORE NK SHARMA

Supreme Court of India | Diary 40162/2015

Status

Judgment

Decided On

2023-12-14

Bench

HON'BLE MR. JUSTICE SANJAY KAROL, HON'BLE MR. JUSTICE HRISHIKESH ROY

Petitioner

UNION OF INDIA

Respondent

AIR COMMODORE NK SHARMA

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Full Judgment Text

2023 INSC 1074

1| [Civil Appeal No. 14524 of 2015]

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 14524 OF 2015

UNION OF INDIA & ORS …APPELLANT(S)

VERSUS

AIR COMMODORE NK SHARMA (17038)

ADM/LGL …RESPONDENT(S)

J U D G M E N T

SANJAY KAROL J.,

1. This Civil Appeal, under Section 31(1)1 of the Armed Forces

Tribunal Act, 20072 at the instance of the Union of India, is

directed against the judgment and order dated 30th November

2015, passed by the Armed Forces Tribunal, Principal Bench, New

Delhi in Original Application No. 537 of 2014.

1 31. Leave to appeal.—(1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a

point of law of general public importance is involved in the decision, or it appears to the

Supreme Court that the point is one which ought to be considered by that Court. 2 Referred to as “the Act”

2| [Civil Appeal No. 14524 of 2015]

For ease, the Union of India is hereafter referred to as the

Appellants and Air Commodore NK Sharma, is referred to as the

Respondent.

BRIEF FACTS

2. A brief conspectus of facts, as relevant for adjudication of this

appeal is-

2.1 The Respondent was commissioned in the Administrative

Branch of the Indian Air Force on 29th December, 1982.

...

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