Full Judgment Text
Neutral Citation Number : 2022/DHC/005273
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: December 1, 2022
+ W.P.(C) 16497/2022 & CM APPL. 51833-51834/2022
LT COL RAHUL JAIN ..... Petitioner
Through: Mr. Dhruv Gautam and Ms. Shachi
Mittal, Advocates.
versus
UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF
DEFENCE & ORS. .... Respondents
Through: Major Partho Katyayan and Lt. Col.
Suchitra MS Legal.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. Vide the present petition, petitioner seeks following relief(s):
“a) Set aside the Impugned Final Order dated 08 July 2022
passed by the Hon'ble Armed Forces Tribunal, Principal
Bench, New Delhi in Original Application No. 2112 of
2018;
b) Consequently, direct the Respondents to promote the
Petitioner to the rank of Colonel w.e.f. from December
2010, when the Petitioner was considered for promotion by
the Promotion Board (First);
c) Direct the Respondents to grant all consequential benefits
that would accrue to the Petitioner on his promotion w.e.f.
December 2010;
W.P.(C) 16497/2022 Page 1 of 2
Signature Not Verified
Digitally Signed
By:ROHIT KUMAR
Signing Date:02.12.2022
19:01
Neutral Citation Number : 2022/DHC/005273
d) Direct the Respondents to pay exemplary costs to the
Petitioner for the prolonged harassment caused to the
Petitioner;
e) Pass any other order as this Hon'ble Court may deem fit
and appropriate in the facts of the present case.”
2. In view of judgment dated 11.10.2022 passed in W.P.(C) 14385/2022
titled as IC-76585M Major Nishant Kaushik vs. Union of India & Ors. , the
Tribunal is exercising the similar jurisdiction and discharging the same
function as being exercised by the High Court. Thus, no appeal from the
Tribunal can/should lie before the High Court.
3. Therefore, in view of the aforesaid, the present petition is not
maintainable in the present form before this Court as the only remedy of
challenging the final decision of the Tribunal lies before the Apex Court.
4. As stated in the present petition, the petitioner approached this Court
vide W.P.(C) 13786/2022 which was dismissed as withdrawn after some
arguments vide order dated 23.09.2022.
5. Accordingly, we hereby dispose of the present petition alongwith
pending applications, by giving liberty to the petitioner to move an
appropriate application under Section 32 of the Act before the Hon’ble
Supreme Court.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
DECEMBER 1, 2022/rk
W.P.(C) 16497/2022 Page 2 of 2
Signature Not Verified
Digitally Signed
By:ROHIT KUMAR
Signing Date:02.12.2022
19:01