Maj B S Maan v. Union Of India And Others

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 892/2024 & CM APPL. 3744/2024 MAJ B S MAAN ..... Petitioner Through:

Mr. Sumit Sinha and Ms. Shama Sinha, Advs.

versus UNION OF INDIA AND OTHERS ..... Respondents Through:

Mr. Neeraj, SPC with Mr. Vedansh Anand, G.P., Mr. Sahaj Garg, Mr.

Mahesh Rathore, Advs. along with Mr. R. S. Bhatia and Maj. Partho, Army

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 22.01.2024 1.

The present petition has been filed by the petitioner with the following prayers:- "(a). Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the impugned order placing the petitioner in the SUL issued vide letter No. 2024/1/A dated 16 October 2020. Issue a Writ of Certiorari or any other appropriate Writ / Directions / Order, modifying or quashing the Armed Forces Tribunal Principal Bench (the AFT) order dated 19 May 2023 in the OA No. 2207 of2021, wherein the learned AFT declined to grant the interim directions as prayed for, and for directing that, pending disposal of the said OA in the Hon'ble AFT, the illegal orders of placing the applicant on SUL, shall remain stayed, being contrary to law. (b). For quashing the letter no. 2024/1/A dated 10 Dec 2023 vide which the Petitioner has been directed to resign failing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:15:08

which his services will be terminated.

(c). Pass necessary orders to restore the embodiment of the petitioner with all consequential benefits and treat him on duty for the period from October 2020.

(c) Pass an order staying the operation of the impugned order dated 16th October 2020, issued by the Additional Directorate General, Territorial Army, through 107 Infantry Battalion (TA) 11 GR, placing the Petitioner in the Special Unattached List (SUL ), pending the final disposal of this writ petition. (d). Pass any other appropriate Writ / Orders / Directions, which this Hon'ble Court deems fit and proper in the peculiar facts and circumstances of this case."

2.

Vide order dated May 19, 2023, the AFT has rejected the prayer for interim relief of stay of the order dated October 16, 2020. Additionally, the petitioner has also sought the quashing of letter dated December 10, 2023. Concedingly, the letter dated December 10, 2023 has been issued by the respondents after impugned order dated May 19, 2023 was passed. 3.

The learned counsel for the respondents on instructions informs the Court that the petitioner has been removed from SUL category vide letter dated January 16, 2024, forwarded to the petitioner vide letter dated January 19, 2024. The submission is taken on record.

4.

In view of the submission, we are not inclined to continue the writ petition. The same is closed.

V. KAMESWAR RAO, J SAURABH BANERJEE, J JANUARY 22, 2024/ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:15:08