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HIGH COURT OF DELHI
W.P.(C) 6123/2025
SQN LDR SWATI PRAKASH .....Petitioner
Through: Mr. Kavish Aggarwala, Mr. Shubham Kumar, Mr Vishal Kumar Singh, Mr Uttam Kumar, Mr Ritesh Singh, Mr
Suraj Pathak, Mr Preetam Runthala, Advocates
Through: Mr Avshreya Pratap Singh Rudy SPC
Usha Jamnal, Ms Harshita Chaturvedi, Advocates
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT
08.05.2025 C. HARI SHANKAR, J.
1. The prayed clause in this writ petition reads thus: “In view of the facts and circumstances mentioned and the ground raise in this writ Petition the Petitioner humbly prays that this Hon’ble Court may be pleased to allow the present writ by passing the following directions:
2. Apropos prayer A, Ms. Rudy, learned counsel for the respondents, points out that the OA filed by the petitioner before the Tribunal is listed on 23 May 2025. Accordingly, no orders are called for, on this prayer. Even otherwise, it is not possible for this Court to micromanage the working of the Tribunal. We are aware of the quantum of work with which the Tribunal is dealing.
3. Prayer B seeks a mandamus from the Court to the respondents to return the petitioner’s cell phone, allegedly taken from her by her husband. We do not seek how such a relief can be granted in a writ petition.
4. Prayer C is for a direction to the respondents to consider the petitioner for the Board of Permanent Commission, without taking into consideration the findings of the Court of Inquiry[1]. Learned counsel for the petitioner is not able to show us any law under which the petitioner can be directed to be considered for Permanent Commission without taking into consideration the findings of the COI.
5. This, however, would not preclude the petitioner from urging the said issue before an appropriate forum, at the appropriate stage.
6. Prayer D also cannot be granted in exercise of our jurisdiction under Article 226 of the Constitution of India.
7. We, therefore, regret our inability to come to the aid of the petitioner.
8. Needless to say, however, this order would not, in any way, influence the proceedings before the AFT, which would be decided on their own merits.
9. The writ petition is, accordingly, disposed of.
C. HARI SHANKAR, J.