Shinde Mohan Kalu v. Union Of India & ORS.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2626/2024 SHINDE MOHAN KALU .....Petitioner Through:

Mr.Simranjeet Singh Rekhi, Mr.Sanjeev Kaushik and Ms.Astha Sharma, Advocates.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms.Avshreya Pratap Singh Rudi, Senior Panel Counsel with Ms.Usha Jamwal, Advocate alongwith Maj.

Anish Murlidhar, Army.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 29.08.2024 CRL.M.A. 25702/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

W.P.(CRL) 2626/2024, CRL.M.(BAIL) 1440/2024 & CRL.M.A. 25703/2024 1.

Writ Petition under Article 226 of the Constitution of India has been preferred on behalf of the petitioner with the following prayers: "a. Issue writ, order or direction in the nature of certiorari and/or mandamus or any other appropriate writ for setting aside /quash the Impugned Judgment and orders dated 12.10.2023 and 13.07.2022 passed by the Hon`ble Armed Forces Tribunal, Principal Bench at New Delhi in Original Application No. 466/2022 on the facts and ground mentioned above;

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 31/08/2024 at 11:44:11

b. Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Army Authorities to reinstate the Petitioner with complete honour and consequent benefits and pay all the arrears along with 18% rate of interest p.a. till date the arrears are paid off."

2.

Learned counsel on behalf of the respondents appears on advance notice and submits that impugned orders are required to be challenged by way of writ petition before the Division Bench of this Court. 3.

In view of the above, learned counsel for petitioner seeks to withdraw the petition with liberty to file the same before appropriate forum in accordance with law.

4.

Taking the statement of learned counsel for the petitioner on record, petition is dismissed as withdrawn with liberty to file afresh in accordance with law.

ANOOP KUMAR MENDIRATTA, J.

AUGUST 29, 2024/v 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 31/08/2024 at 11:44:11