A W.P. regarding a military officer's placement in the Special Unattached List (SUL) and termination order was disposed of as the petitioner had been removed from the SUL category by the time the judgment was delivered.
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.
$~40
Through: Mr. Sumit Sinha and Ms. Shama Sinha, Advs.
versus
UNION OF INDIA AND OTHERS ..... Respondents Through: Mr. Neeraj, SPC with Mr. Vedansh Anand, G.P., Mr. Sahaj Garg, Mr. Mahesh Rathore, Advs. along with Mr. R. S. Bhatia and Maj. Partho, Army
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 22.01.2024
“(a). Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the impugned order placing the petitioner in the SUL issued vide letter No. 2024/1/A dated 16 October 2020. Issue a Writ of Certiorari or any other appropriate Writ / Directions / Order, modifying or quashing the Armed Forces Tribunal Principal Bench (the AFT) order dated 19 May 2023 in the OA No. 2207 of2021, wherein the learned AFT declined to grant the interim directions as prayed for, and for directing that, pending disposal of the said OA in the Hon'ble AFT, the illegal orders of placing the applicant on SUL, shall remain stayed, being contrary to law. (b). For quashing the letter no. 2024/1/A dated 10 Dec 2023 vide which the Petitioner has been directed to resign failing
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 06/06/2024 at 15:15:08
which his services will be terminated.
(c). Pass necessary orders to restore the embodiment of the petitioner with all consequential benefits and treat him on duty for the period from October 2020.
(c) Pass an order staying the operation of the impugned order dated 16th October 2020, issued by the Additional Directorate General, Territorial Army, through 107 Infantry Battalion (TA) 11 GR, placing the Petitioner in the Special Unattached List (SUL ), pending the final disposal of this writ petition.
(d). Pass any other appropriate Writ / Orders / Directions, which this Hon'ble Court deems fit and proper in the peculiar facts and circumstances of this case.”
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 22, 2024 /ds
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 06/06/2024 at 15:15:08
2 provisions across 2 enactments
MAJ B S MAAN
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
