Full Text
HIGH COURT OF DELHI
Date of Decision: 11.12.2024
UNION OF INDIA & ORS. .....Petitioners
Through: Mr.Shashank Dixit, CGSC
Major Anish Muralidhar, Army
Through: Nemo.
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
JUDGMENT
1. Allowed, subject to all just exceptions. W.P.(C) 17100/2024 & CM APPL. 72490/2024
2. This petition has been filed by the petitioners seeking the following prayers: “i. Quash / Set-aside the Order dated 05.07.2023 passed in O.A. No. 1017/2019 by the Principal Bench of Armed Forces Tribunal titled Lt Col Harvinder Thakur (Retd.) v.Union of India & Ors; and/ or ii. Stay the operation of order dated 05.07.2023 and any further orders falling out for execution of order dated 05.07.2023.”
3. By the Impugned Order, the learned Armed Forces Tribunal (herein referred as the, ‘AFT’), has disposed of the above-mentioned W.P.(C) 17100/2024 Original Application (in short, ‘OA’) filed by the respondent herein with the following direction:
4. The learned counsel for the petitioners clearly admits that the Order has been complied with, and the Post Medical Discharge Board of the respondent has already been conducted. However, the grievance of the respondent is that in spite of having compliance with the said Order, the learned AFT is proceeding further and issuing fresh directions in the execution proceedings.
5. We are afraid that the said complaint of the petitioners cannot be considered by this Court in the present proceedings. which is limited to the challenge to the Order dated 05.07.2023, passed by the learned AFT, which, in fact, stands complied with, as per the stand of the petitioners itself.
6. Accordingly, the present petition is disposed of, reserving liberty for the petitioners to avail of its remedies against any other order that it may be aggrieved of.
NAVIN CHAWLA, J SHALINDER KAUR, J DECEMBER 11, 2024/sg/DG Click here to check corrigendum, if any