The Court held that the petitioner’s challenge to dismissal from Air Force service must be entertained by the Armed Forces Tribunal and not the High Court. Liberty was granted to approach the Tribunal, and the writ petition was dismissed as not maintainable.
Liberty granted to approach the Armed Forces Tribunal; petition dismissed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ASHISH ..... Petitioner Through: Mr. Shiva Nand Mishra, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents Through: Mr. Neeraj Kumar, SPC with Mr. Rudra Paliwal, Govt. Pleader.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 06.02.2024
CM APPL. 7053/2024
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 1716/2024
This is a digitally signed order.
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CM APPL. 7054/2024
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
FEBRUARY 06, 2024 /jg
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:35:51
1 issue framed by the court
Whether dismissal from Air Force service is maintainable before the High Court or the Armed Forces Tribunal.
ASHISH
UNION OF INDIA & ORS.
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
