Corporal Kumavat Sagar Nana vs Union Of India And Ors
2023 Latest Caselaw 1175 Del

                          Neutral Citation Number 2023:DHC:4847-DB

                          $~45
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                               Judgment delivered on: 13.07.2023

                          +      W.P.(C) 9213/2023 & CM APPL. 35091/2023, CM APPL.
                                 35092/2023, CM APPL. 35093/2023
                                 CORPORAL KUMAVAT SAGAR NANA ..... Petitioner

                                                    versus

                                 UNION OF INDIA AND ORS                      ..... Respondents

                          Advocates who appeared in this case:

                          For the Petitioner:       Mr. Ajeet Yadav with Mr. Pradeep
                                                    Shukla, Advocates.


                          For the Respondents:      Mr. Ashok Kumar Kashyap, Sr. Panel
                                                    Counsel with Mr. Kabir Kumar
                                                    Hazarika, Govt. Pleader. for UOI
                                                    Sqn Ldr. M.N. Khan, Sgt. Anil Baloda
                                                    and Sgt. Mindu Prasad.
                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN

                                                JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner, inter alia, impugns policy dated 04.09.2017 titled 'Permission to Appear in Entrance Exam' as also the Air Force order dated 4/23 titled 'Discharge from Service on Compassionate and Other Grounds: Airmen & NCs(E)'. Petitioner, who was enlisted as

Signature Not Verified Digitally Signed

Signing Date:15.07.2023 15:01:40 Neutral Citation Number 2023:DHC:4847-DB

Personnel Below Officer Rank (PBOR) on 03.04.2013 seeks leave from the respondent for pursuing the course "Masters in Business Administration (Hospital Administration & Healthcare Management) at Indian Institute of Management, Jammu. Learned counsel for the petitioner submits that the course is for a period of 24 months commencing on 22.07.2023.

2. Learned counsel for the petitioner submits that the petitioner is willing to avail of any admissible leave for the said purpose. Alternatively, he submits that he would be constrained to even take discharge from the Air Force for the purpose of joining said course. This he submits in view of the fact that undertaking the course would be highly beneficial for the petitioner and for his career progression.

3. Learned counsel for the petitioner submits that the petitioner had sought leave and/or discharge but no final decision on the application has yet been communicated to him.

4. Reference may be had to the decision of the Full Bench of this Court dated 26.05.2023 in WP(C) 9139/2019 titled Squadron Leader Neelam Chahar vs. Union of India & Ors., wherein, the Full Bench of this Court has held that the Armed Forces Tribunal is competent to hear the challenge to the vires of subordinate legislations, rules, regulations, notifications and circulars etc.

5. In view of the said judgment, the Armed Forces Tribunal is competent to entertain the challenge as raised by the petitioner in the present petition, inter alia, challenge to the policies and decision.

Signature Not Verified Digitally Signed

Signing Date:15.07.2023 15:01:40 Neutral Citation Number 2023:DHC:4847-DB

6. Viewed thus, we transfer this petition to the Armed Forces Tribunal (Principal Bench). In view of the urgency expressed by the petitioner, the parties shall appear before the Principal Bench of the Armed Forces Tribunal on 19th July, 2023.

7. In the meantime, respondents are directed to consider the application dated 13.06.2023 (at page 64 of the petition) moved by the petitioner seeking leave and in the alternative, discharge.

8. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J JULY 13, 2023 st

Signature Not Verified Digitally Signed

Signing Date:15.07.2023 15:01:40