Lt Col Bharat Singh v. Union of India & Ors.

1. The petitioner seeks advancement of the date of hearing in the writ petition.

2. We have heard the petitioner, who appears in person.

3. The prayer of the petitioner in this writ petition is for expunging of certain adverse remarks in his confidential reports and for considering his case for promotion.

4. The petitioner relies on Circular dated 7 August 2025 passed by this Court which reads as under: “HIGH COURT OF DELHI AT NEW DELHI No. 146/Rules/DHC/2025 Dated: 07.08.2025 CIRCULAR Considering the onerous duties discharged by Armed Forces of the country, the legislature has made special provisions in the Army Act, 1950 (Section 32), the Navy Act, 1957 (Section

24) and the Air Force Act, 1950 (Section 32) for according priority to hearing of cases concerning persons in the Army, Air Force and Naval Service. Special protection is also provided by the legislature in the Indian Soldiers (Litigation) Act, 1925 (modified as on 19th November, 2018) to the Indian soldiers serving under special conditions in respect of Civil and Revenue Litigation. Instructions to Civil Courts in Delhi contained in Delhi High Court Rules and Orders, Volume-1, Chapter 6 titled "Suits by or Against Persons in Military Service" in Part A, Para 2, Appendix [clause 3(d)] also emphasize giving priority to litigation involving Army/Air Force personnel. Accordingly, it is hereby circulated for information of all concerned that Hon'ble the Chief Justice has been pleased to direct all the Courts in Delhi to pay attention to the aforesaid provisions and prioritize suits or proceedings in Civil or Revenue Courts/criminal cases pertaining to Army, Air Force and Navy personnel. Hon'ble the Chief Justice has also been further pleased to direct that the Courts in Delhi shall arrange for early hearing and final disposal of cases of paramilitary personnel as far as may be possible. Sd/- (Arun Bhardwaj)

5. This Bench deals daily with on an average about 100 matters on its Board. Out of this list, over 80% regularly deal with members of the Armed Forces. The remaining 20% are commercial matters which are also to be given due priority.

6. We have always prioritized cases of Armed Force personnel. However, among these, there are cases and cases.

7. Of the matters pertaining to members of the Armed Forces, a vast majority pertain to cases of persons whose candidature has been cancelled before recruitment, or who have been dismissed or removed or compulsorily retired, or are otherwise without a job. Several cases pertain to pensionary and retiral benefits, which include cases of widows who are awaiting family pension. Many cases pertain to persons who are differently abled.

8. We have to prioritise those cases over others.

9. Petitions which challenge adverse remarks and seek promotion cannot be granted priority over these cases, as it would result in manifest injustice.

10. We, therefore, are unable to accede to the petitioner’s request to advance the date of hearing of his matter.

11. Accordingly, the application is dismissed.

C. HARI SHANKAR, J

OM PRAKASH SHUKLA, J DECEMBER 19, 2025