Service matters concerning army officers pending before the Armed Forces Tribunal. Petitioners sought only a clarification that the Tribunal would not be bound by observations in an order vacating a stay. The High Court granted the clarification, disposed of the petitions, and requested expeditious disposal by the Tribunal.
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.
$~88 to 90
LT COL ANIL KUMAR AHIRWAR .....Petitioner Through: Ms. Rajdipa Behura, Sr. Adv with Mr. Chandra Shekhar Yadav, Mr. Awanish Sinha, Mr. Aditya Acharya, Mr. Astitva Srivastava, Ms. Poorva Vats, Mr. Philomon Kani, Ms. Neha Lingwal, Ms. Aishwarya Gupta, Mr. Shashwat Kabi, Ms. Aditi Behura, Advs.
versus
UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE (DMA) & ORS. .....Respondents Through: Mr. Satya Ranjan Swain, SPC, Mr. Shivam Sachdeva GP with Mr. M K Rahman, Adv. Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep Chandrakar with Major Anish Muralidhar and Captain Carolin Johnson(Army)
LT COL SUNIL LUMAR VAIRAGI .....Petitioner
Through: Ms. Rajdipa Behura, Sr. Adv with Mr. Chandra Shekhar Yadav, Mr. Awanish Sinha, Mr. Aditya Acharya, Mr. Astitva Srivastava, Ms. Poorva Vats, Mr. Philomon Kani, Ms. Neha Lingwal, Ms. Aishwarya Gupta, Mr. Shashwat Kabi, Ms. Aditi Behura, Advs.
versus
UNION OF INDIA & ORS.
.....Respondents
Signature Not Verified
Digitally Signed By:AJITW.P.(C ) 7156/2025 & connected matters KUMAR Signing Da te:1 4.08.2025 18:25:05
Page 1 of 3
Through: Mr. Neeraj, SPC with Mr. Vedansh Anand, GP, Mr. Soumyadip Chakraborty and Mr. Sanjay Pal, Advs. with Major Anish Muralidhar and Captain Carolin Johnson(Army)
LT COL DILLIP KUMAR BEHERA .....Petitioner Through: Ms. Rajdipa Behura, Sr. Adv with Mr. Chandra Shekhar Yadav, Mr. Awanish Sinha, Mr. Aditya Acharya, Mr. Astitva Srivastava, Ms. Poorva Vats, Mr. Philomon Kani, Ms. Neha Lingwal, Ms. Aishwarya Gupta, Mr. Shashwat Kabi, Ms. Aditi Behura, Advs.
versus
UNION OF INDIA & ORS. .....Respondents Through: Mr. Satya Ranjan Swain, SPC, Mr. Shivam Sachdeva GP, with Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep Chandrakar, Advs. with Major Anish Muralidhar and Captain Carolin Johnson(Army)
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
C. HARI SHANKAR, J.
1. After some hearing, learned counsel for the petitioner restricts to the relief in these OAs to a clarification that the learned Armed
Signature Not Verified
Digitally Signed By:AJITW.P.(C ) 7156/2025 & connected matters KUMAR Signing Da te:1 4.08.2025 18:25:05
Page 2 of 3
Forces Tribunal1 would not be constrained by any observations or findings contained in the impugned order dated 19 May 2025, whereby stay which was earlier operating in favour of the petitioner strands vacated.
2. We clarify accordingly.
3. The writ petitions stand disposed of, accordingly.
4. We request the learned Tribunal to take up these matters as expeditiously as possible, of course, subject to the pendency of the matters before the Tribunal.
5. All contentions of the parties shall remain open to be agitated before the Tribunal.
C. HARI SHANKAR, J.
OM PRAKASH SHUKLA, J.
AUGUST 13, 2025/yg
1 “learned Tribunal”, hereinafter Signature Not Verified Digitally Signed By:AJITW.P.(C ) 7156/2025 & connected matters KUMAR Signing Da te:1 4.08.2025 18:25:05
Page 3 of 3
1 issue framed by the court
Whether the Armed Forces Tribunal would be constrained by observations or findings in the impugned order dated 19 May 2025 vacating the stay operating in the petitioners' favour.
Lt Col Anil Kumar Ahirwar
Lt Col Sunil Kumar Vairagi
Lt Col Dillip Kumar Behera
Union of India through Secretary Ministry of Defence (DMA) & Ors.
Union of India & Ors.
C. Hari Shankar
Om Prakash Shukla
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
