----- Forwarded Message -----
From: MG Kapoor <mgkapoor.1962@gmail.com>
To: Col.U N Mohapatra <colun.mohapatra@gmail.com>
Sent: Friday, 23 October 2015 8:51 PM
Subject: Re: Legal Case in the AFT
From: MG Kapoor <mgkapoor.1962@gmail.com>
To: Col.U N Mohapatra <colun.mohapatra@gmail.com>
Sent: Friday, 23 October 2015 8:51 PM
Subject: Re: Legal Case in the AFT
Dear Mohapatra,
Season's Greetings.
Trust this finds you in good health.
I wonder why you have forwarded the message to me, since I am myself am advocate and a very senior advocate, practising now for over 32 years.
I would have pleaded veterans case without charging fee had I been convinced of the cause TO MOVE THE AFT AT THIS STAGE. I learn the case is regarding the grant of OROP. If it be so, Brig Vidyasagar is doing the greatest DISSERVICE to the veterans cause and is undoing the efforts of the UESM and of all the persons associated with it and in particular the UNTIRING EFFORTS OF MAJOR GENERAL SATBIR SINGH AND GROUP CAPTAIN VINOD GANDHI. He is perhaps acting at the behest of the BJP leaders or else thr BJP leaders are using him. He is giving an excuse to the BJP Govt (Jaitley and Modi) to say, "Now that the case is subjudice, let's await the verdict before we issue the Notification".
I would have pleaded veterans case without charging fee had I been convinced of the cause TO MOVE THE AFT AT THIS STAGE. I learn the case is regarding the grant of OROP. If it be so, Brig Vidyasagar is doing the greatest DISSERVICE to the veterans cause and is undoing the efforts of the UESM and of all the persons associated with it and in particular the UNTIRING EFFORTS OF MAJOR GENERAL SATBIR SINGH AND GROUP CAPTAIN VINOD GANDHI. He is perhaps acting at the behest of the BJP leaders or else thr BJP leaders are using him. He is giving an excuse to the BJP Govt (Jaitley and Modi) to say, "Now that the case is subjudice, let's await the verdict before we issue the Notification".
Further, Brig Vidyasagar is being ill advised by Brig Srivastava. The aggrieved person (each veteran in this case) is first required to make a representation to the Government of his demand. It is only after the expiry of six months of such a representation, in case the Government does not pass any order, that the aggrieved person can move the AFT. Yes, if the Government passes an Order, the person, if aggrieved by such Order, can move the AFT.
So, you cannot move the AFT immediately and if you do, the AFT would direct the applicants to first make representation to the Government.
Also, if and when such an OA (as such petitions are termed) is filed, the first thing that the Govt lawyer would say is, "the matter is under active consideration of the Government and is soon going to issue the Order".
Therefore, my advice is it is only prudent to await Govt Notification and only after studying it, move the AFT, if still aggrieved.
After the Notification is issued the Government cannot at least backtrack from that Order and can only improve upon it, if at all.
Please ask Brigadier Vidyasagar the number of members of HIS ESM, lawyers fee and only thereafter decide the contribution. This is to dispel his personal interest in the matter.
We are informed the Govt may issue Notification soon after the Bihar elections.
Please be informed, if we are aggrieved by such Notification I would do the case without charging any fee, if Maj Gen Satbir Singh and the Organising Committee of UESM asks me to move the AFT.
So I would request you all, including Brig Vidyasagar, NOT to undo the years long efforts of Major General Satbir Singh and his Team.
Hope you all prevail upon Brig Vidyasagar in this regard,
With best wishes,
MG