Union Of India & ORS. v. Retd. Lt. Col. M.S. Bedi

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4333/2024, CM APPL. 17737/2024 & CM APPL. 17738/2024 UNION OF INDIA & ORS.

.....Petitioners Through:

Mr. Jagdish Chandra Solanki, CGSC with Major Anish Muralidhar versus RETD. LT. COL. M.S. BEDI .....Respondent Through:

Mr. Indra Sen Singh and Mr.

Nasir Mohd., Advocates

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 30.07.2025 C.HARI SHANKAR, J.

1.

We note from the record that against the order dated 8 February 2019, which forms subject matter of challenge in the present petition, the UOI had filed RA 56/2019, which was dismissed by the Tribunal on 13 December 2022. That order has not been challenged before us. 2.

To a query from the Court, learned counsel for the petitioners submits that, after the passing of the order dated 13 December 2022, the petitioner filed MA 1934/2023 under Section 31 of the Armed Forces Tribunal Act, 2007 for leave to appeal to the Supreme Court. That MA was dismissed by the Tribunal on 16 May 2023 and it was KUMAR 18:18:55 WP(C) 4333/2024

thereafter that the present petition was filed. 3.

Be that as it may, the fact of the matter is that there is no challenge before us to the order dated 13 December 2022. 4.

Though learned counsel for the petitioner sought an adjournment in order to place the decision in the review petition on record, that would not suffice. A specific challenge to the order passed in the Review Petition would be necessary, if so advised. 5.

As such, in order to avoid multiplicity of proceedings, we dispose of this OA with liberty to the petitioner to institute fresh proceedings, if so advised, challenging the order passed in the Review application as well.

6.

Needless to say, the grounds urged in the present petition would also be available to the petitioner if the petitioner files a fresh petition before us.

7.

The petition is disposed of, in the aforesaid terms. C.HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

JULY 30, 2025/yg KUMAR 18:18:55 WP(C) 4333/2024