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High Court of DelhiW.P.(C)/19811/2025

Kt Shibu No 10166577m Nk v. Union Of India & ORS.

2026-04-16Hon'Ble Mr. Justice Anil Kshetarpal,Hon'Ble Mr. Justice Amit Mahajan2 pages

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19811/2025 KT SHIBU NO 10166577M NK .....Petitioner Through:

Mr. U S Maurya, Mr. SS Maurya, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Usha Jamnal, ⁠Ms. Nyasa Sharma, ⁠Mr.

Ankit Khatri, Advs. with Major Kanika Sharma Army.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 16.04.2026 1.

Through the present Petition, the Petitioner seeks issuance of a writ in the nature of Certiorari for quashing the order dated 18.12.2025 [hereinafter referred to as 'Impugned Order'] passed by the Armed Forces Tribunal, New Delhi [hereinafter referred to as 'AFT'], whereby the prayer for interim relief was rejected. 2.

In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed. 3.

The Petitioner was boarded out from Army service on the ground that he was suffering from Alcohol Dependency Syndrome, Acute Pancreatitis and Type-2 Diabetes Mellitus. The said action has been assailed by the Petitioner before the AFT. Vide the Impugned Order, the AFT declined to grant interim relief. In the interregnum, the Petitioner stood discharged from service with effect from 31.12.2025. 4.

Learned counsel representing the Petitioner submits that the 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 20/04/2026 at 15:38:27

actual date of discharge is 31.01.2026 and not 31.12.2025. 5.

Having considered the nature of relief sought, this Court is of the view that in matters arising from proceedings before the AFT, grant of interim relief at this stage would virtually amount to granting the final relief itself. Therefore, this Court is not inclined to exercise its discretionary jurisdiction for grant of such interim protection. 6.

The present Petition is accordingly dismissed. ANIL KSHETARPAL, J.

AMIT MAHAJAN, J.

APRIL 16, 2026 jai/shah 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 20/04/2026 at 15:38:27