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As stated in the present petition, the petitioner approached this Court vide W.P.(C) 13786/2022 which was dismissed as withdrawn after some arguments vide order dated 23.09.2022.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
