19553(P)(RETD.) Gp Capt. Rajat Dwivedi v. Union of India & Ors.
Writ petition – challenge to adjournment order of Tribunal
Case brief
What is this about?
High Court of Delhi, W.P.(C) 18155/2025 & CM APPL. 75112/2025, oral order dated 01.12.2025 by C. Hari Shankar, J. with Om Prakash Shukla, J. Petitioner: Gp Capt. Rajat Dwivedi (19553(P) Retd.); Respondents: Union of India & Ors. Challenge to Tribunal's adjournment/listing order dated 27.02.2025 in MA 149/2025 (application listed after decision of Larger Bench). Held: certiorari jurisdiction limited; High Court not to monitor Tribunal's dealings; grievance of delay in constituting Larger Bench not entertainable; writ petition dismissed as completely misconceived; petitioner left free to apply to the Tribunal for reliefs. Counsel: Kushal Choudhary, Angad Ahluwalia (petitioner); R. Venkat Prabhat SPC, Ansh Kalra, Kamna Behrani, Neeraj Raj Paulose, Manish Kumar Singh and Mritunjay (DAV Legal Cell, Airforce), Pallavi Talwar GP for R-3.
What did the court decide?
Certiorari jurisdiction has its limitations; the Court, when exercising certiorari jurisdiction, is not expected to monitor the dealing of matters by the Tribunal.