Vijay Kumar Saini, Hav/Na , No.15422314f v. Union Of India And ORS

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1717/2024, CM APPL. 7098/2024 VIJAY KUMAR SAINI, HAV/NA, NO.15422314F ..... Petitioner Through:

Col. Raj Vijay Rohlania (Retd.) and Ms. Neelam Verma, Advs.

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

Mr. Neeraj, SPC with Mr. Sahaj Garg, Mr. Vedansh Anand and Mr.

Mahesh Kr. Rathore, Advs. with Major Partho, OIC, Legal Cell.

CORAM:

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

O R D E R

% 06.02.2024 CM APPL. 7098/2024 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 1717/2024 1.

The challenge in this petition is to an order dated December 21, 2023 passed by the Armed Forces Tribunal in OA 4093/2023, wherein the Tribunal while dismissing the OA has in paragraph 3 stated as under: "3. Having bestowed our anxious consideration on the bulky pleadings filed by the applicant and on going through the records, we find that at this stage interference into the matter is not permissible. A 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 13/12/2024 at 14:35:35

CoI in the form of disciplinary action/ administrative action against the applicant is still pending. During the pendency of the same, indulgence into the matter by this Tribunal is not called for. That apart, as far as the contention of the applicant with regard to false implication, harassment, violation of his fundamental rights and illegal preventive detention is concerned, these are all issues which cannot be inquired into at this stage by this Tribunal. Ultimately, if the applicant is exonerated of the charges in the CoI or the disciplinary proceedings pending against him, the applicant may have a right to claim the said benefits against the officers concerned in accordance with law."

2.

We have noted the prayers as sought by the petitioner before the Tribunal and agree with the conclusion drawn by the Tribunal in paragraph 3 above.

3.

The petition being without any merit, is dismissed. V. KAMESWAR RAO, J SAURABH BANERJEE, J FEBRUARY 06, 2024/jg 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 13/12/2024 at 14:35:35