Maj Rashi Mishra v. Union of India through & Ors.
Case brief
What is this about?
Delhi HC writ petitions by two Short Service Commissioned Women Officers (JAG Department, Indian Army) challenging Armed Forces Tribunal Principal Bench orders dated 10.03.2025 refusing protection from release during pendency of O.As seeking Permanent Commission; result ‘withheld on administrative grounds’ in No. 5 Selection Board December 2020; two withdrawn JAG officers granted PC in May 2021 filling vacancies; comparison with Supreme Court interim protection in Devki Kaswan (C.A. Dy 32457/2024), Lt Col Pooja Pal (C.A. Dy 32212/2024) and Maj Avinish Shukla (C.A. Dy 57908/2024, order dated 24.02.2025); High Court directs timely counter-affidavit/rejoinder and expedited Tribunal adjudication; release subject to final outcome of O.As; related Delhi HC matters Wg Cdr Nidhi Badhani (2021 SCC OnLine Del 3085) and Major Preeti Yadav (W.P.(C) 14001/2023).
What did the court decide?
Both petitions and pending applications disposed of by common judgment; exemption applications allowed subject to all just exceptions; respondents directed to file the additional counter-affidavit within the time granted by the learned Tribunal, petitioners to file rejoinder within the time granted, and the learned Tribunal to endeavour final hearing and disposal of the O.A.(s) on the next date fixed; no protection from release granted beyond the Tribunal's order that release be subject to the final outcome of the O.A.(s).