Dismissed¶14

Union of India and Others v. Armed Forces Tribunal and Anr.

Punjab & Haryana HC2 Jul 2025CWP/17751/2025

Case brief

AI extract

What is this about?

Union of India v. Armed Forces Tribunal, CWP-17751-2025 (O&M), Punjab & Haryana High Court, Chandigarh, decided 02.07.2025; writ petition against AFT order dated 30.08.2022 in OA-884-2016 dismissed for gross delay and laches (filed 09.06.2025, delay of almost four years, no cogent reasons); reliance on Jai Narayan Jakhar V/S Union Of India And Another, CWP-15400-2006, judgment dated 14.01.2008, upheld by Hon'ble Apex Court; compliance with AFT order held incumbent on petitioners; pending applications disposed; Judges: Sanjeev Prakash Sharma (author, oral), Meenakshi I. Mehta; advocate: Dr. Anandeshwar Gautam, Senior Panel Counsel for UOI.

What did the court decide?

None; the writ petition was dismissed and all pending applications in the case were disposed of accordingly. ¶14

Union of India and Others Vs Armed Forces Tribunal and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ petition was dismissed and all pending applications in the case were disposed of accordingly.

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Issue for consideration

Whether the writ petition assailing the AFT order dated 30.08.2022 in OA-884-2016, filed only on 09.06.2025 after almost four years and without cogent reasons for the delay, should be entertained notwithstanding the gross delay.

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Court's answer

The writ petition suffers gross delay and laches, and no cogent reasons are coming forward for the inordinate delay in challenging the AFT order; consequently the petition could not be entertained and stands dismissed.

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Ratio / Principle

Since the AFT order was passed taking into consideration this Court's judgment dated 14.01.2008 in CWP-15400-2006 (further upheld by the Hon'ble Apex Court) and a subsequent AFT judgment following the same, it was necessary and incumbent upon the petitioners to have complied with the impugned order instead of challenging it after a period of almost four years.

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Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (oral judgment, decision dated 02.07.2025), CWP-17751-2025 (O&M), Bench: Sanjeev Prakash Sharma, J. (author) and Meenakshi I. Mehta, J. — The Union of India's writ petition assailing the Armed Forces Tribunal's order dated 30.08.2022 in OA-884-2016 (preferred by respondent No.2) was dismissed on the ground of gross delay and laches: the AFT judgment dated 30.08.2022 was challenged only on 09.06.2025, i.e., after almost four years, and no cogent reasons were forthcoming for the inordinate delay. The Court observed that the AFT had passed its order after taking into consideration this Court's judgment dated 14.01.2008 in CWP-15400-2006, Jai Narayan Jakhar V/S Union Of India And Another, which was further upheld by the Hon'ble Apex Court, together with a subsequent AFT judgment following it; it was therefore necessary and incumbent on the petitioners to comply with the impugned order rather than challenge it. All pending applications were disposed of accordingly. No statute was cited and no monetary quantum was awarded.

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112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-17751-2025 (O&M) Date of Decision 2^nd July, 2025

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UNION OF I N DIA AND OTHERS ..…...Petitioner(s) V/s. ARMED FO R CES TRIBUNAL AND ANOTH E R .....Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

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Present D r. Anandeshwar Gautam, Seni o r Panel Counsel, f or the petitioners-UOI.

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SANJEEV PRAKASH SHARMA, J. (Oral)

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1. B y way of this Writ Petition, t h e petitioner has assailed order dated 30.08. 2 022 passed by the Armed Fo r ce Tribunal in OA-884-2016 preferred by r espondent No.2.

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2. W e find that the Writ Petitio n preferred before this Court suffers gross delay and latches. The judgme n t dated 30.08.2022 passed by the AFT is c h allenged before this Court on 0 9.06.2025. No cogent reasons are coming f o rward for the inordinate dela y in challenging the order. We also notice t h at the order has been passed by the AFT after taking into consideration the judgements passed by this C ourt on 14.01.2008 passed by the High Co u rt in CWP-15400-2006, titled as Jai Narayan Jakhar V/S Union Of India And Another which was f urther upheld by the Hon’ble Apex Court a nd subsequent judgment pass e d by the AFT following the same.

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3. I n view thereof, it was neces s ary and incumbent upon the petitioners to have complied with the impugn e d order instead of challenging it after a peri o d of almost four years.

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Suresh Kumar 2025.07.03 14:41 I attest to the accuracy and integrity of this document

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CWP-17751-2025 (O&M)

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Page 2 of 2

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4. A ccordingly, the Writ Petition stands dismissed . 5. A ll pending applications in this case are disposed of

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accordingly.

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[SANJEEV PRAKASH SHARMA] JUDGE