A.K.Sikri, J. - (1.) The appellant has filed this appeal, along with application for grant of leave to appeal, against the order dated dated 28.02.2017 passed by the Armed Forces Tribunal, Principal Bench at New Delhi( for short, the 'AFT'), whereby it has dismissed the original application filed by the appellant. Leave to file the present appeal has also been rejected by the AFT by a separate order.
(2.) Leave to appeal is granted.
(3.) The facts giving rise to this appeal are that the appellant was enrolled in the Army as Sepoy/Washerman on 19.01.2009. After about 6 years of service a show cause notice was issued on 08.10.2014 alleging offence of fraudulent enrolment i.e. enrolment in the Army based on a fake relationship certificate. On 13.03.2015, the respondent authorities dismissed the appellant from service under Section 20(3) of the Army Act. The appellant submitted representation before the respondent which was not considered in time due to which he filed O.A. No. 773/2015 before the AFT and the same was disposed of with a direction to decide the representation of the appellant. On 09.08.2016 the respondents rejected the representation of the appellant. The appellant preferred the Original Application under Section 14 of the Armed Forces Tribunal Act, 2007 challenging the order dated 09.08.2016.;