SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 2947

SANJEEV SACHDEVA, MANOJ JAIN
Ex-cpl Beer Pal Singh Bhati – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Dr. D.K. Sharma, Advocate with Mr. S.K. Pathak, Advocate, for the Petitioner.
Ms. Aakanksha Kaul, Advocate & Mr. Digvijay Prasad Advocate with Sergeant Mritunjay (Air Force), for the Respondent.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Petitioner impugns judgment dated 31.01.2023 whereby petition filed by petitioner challenging his dismissal/discharge from the Indian Air Force w.e.f. 09.01.1998 and claim for pro rata pension has been dismissed applying the principles of res judicata and also delay and laches.

2. Petitioner was dismissed/discharged from the Indian Air Force by order dated 12.12.1997 stating "his services no longer required - unsuitable for retention in the IAF" w.e.f. 09.01.1998. He was struck off strength on 09.01.1998 itself.

3. Petitioner thereafter filed a writ petition being Writ Petition (Civil) No. 14/1998 and WMP No. 7 & 8 of 1998 before the High Court of Judicature at Madras.

4. Thereafter, it is stated that petitioner moved to Delhi to his home town after being discharged from Indian Air Force. As per learned counsel for petitioner, petitioner instructed his counsel in Madras to withdraw the petition as he intended to challenge the order before the High Court of Delhi. Thereafter, petitioner filed a petition before this Court being WP (C) No. 7131/2000.

5. Learned counsel for respondent submits that Tribunal has noticed that the earlier petition f

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top