The petition, filed by a petitioner challenging a movement order consequential to a reversion order, was dismissed as non-maintainable. The court held that the remedy for reversion and the petitioner had already approached the Armed Forces Tribunal without obtaining a stay.
Petition dismissed and held not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
UNION OF INDIA AND ORS ..... Respondents Through: Mr.Vivek Goyal, CGSPC with Mr. Gokul Sharma, Advocate (GP)
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T
V. KAMESWAR RAO, J. (ORAL)
1. Issue a writ Mandamus to stay and quash the operation of the Movement letter dated 11-12-2023 vide number 28 WG/MOV/OUT/2165/23 whereby he is asked to reach Bangalore, by which the petitioner is being posted out on ground that the same is illegal and malafide.
2. Impose exemplary cost on the respondents for the illegalities as committed by them during the proceedings leading to unwarranted harassment of the petitioner.
3. Any other order which the Hon'ble Court may deem fit in
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the present facts and circumstances of the case.”
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of the officer is not a wrong submission as stated in paragraph (o) of the grounds.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 10, 2024/So
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1 issue framed by the court
Whether a writ petition seeking stay of a movement order issued pursuant to a reversion order, pending before the Armed Forces Tribunal, is maintainable.
Sergeant Kundan
Union of India
V. Kameswar Rao
Saurabh Banerjee
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
