Col. Sony Sharma And Ors vs Union Of India And Ors
2026 Latest Caselaw 1460 Del

Delhi High Court

Col. Sony Sharma And Ors vs Union Of India And Ors on 13 March, 2026

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~2
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 13425/2024
                            COL. SONY SHARMA AND ORS             .....Petitioners
                                         Through: Mr. Rakesh Kumar, Adv.

                                                versus

                            UNION OF INDIA AND ORS                   .....Respondents
                                          Through: Mr. Ruchir Mishra, Mr.
                                          Mukesh Kr. Tiwari, Mr. Sanjiv Saxena, Ms.
                                          Poonam Shukla, Ms. Reba Jena Mishra, Ms.
                                          Vidhotama, Advs.
                                          Mr. Sambhav Sharma, GP
                                          Major Tarun Pillai, Mr. Birinder Singh and
                                          Major Kanika Sharma for Army
                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE AJAY DIGPAUL
                                                ORDER (ORAL)

                  %                              13.03.2026

                  C. HARI SHANKAR, J.

                  CM APPL. 13413/2026 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 13414/2026 (delay of 280 days in filing review petition)

3. This application seeks condonation of delay of 280 days in filing the review petition.

4. For the reasons stated in the application, the delay is condoned.

5. The application is allowed.

6. By our judgment dated 8 May 2025, we had declined to entertain the writ petition, as we were of the opinion that the lis was amenable to adjudication by the Armed Forces Tribunal1.

7. We accordingly granted liberty to the petitioners to approach the AFT.

8. The only prayer in this application is that, as the petitioners are/were officers of the Armed Forces and are 27 in number, we may permit the writ petition to be transferred to the AFT and registered as a transferred application and proceeded with in accordance with law rather than requiring the petitioners to file fresh applications before the AFT.

9. We have passed several such orders, in which we have directed the Registry of this Court to transfer the matter to the AFT and requested the AFT to proceed with it in accordance with law.

10. Accordingly, we direct the Registry of this Court to transfer the records of WP (C) 13425/2024 to the AFT. The AFT will proceed to register the matter in accordance with its procedure and proceed with the petition in accordance with the procedure of the AFT.

11. The review petition is allowed in the aforesaid terms.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

MARCH 13, 2026/AR

1 "AFT" hereinafter