Rahul Jain vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rahul Jain – Appellant
Versus
Union of India – Respondent

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks following relief(s):

"a) Set aside the Impugned Final Order dated 08 July 2022 passed by the Hon'ble Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 2112 of 2018;

b) Consequently, direct the Respondents to promote the Petitioner to the rank of Colonel w.e.f. from December 2010, when the Petitioner was considered for promotion by the Promotion Board (First);

c) Direct the Respondents to grant all consequential benefits that would accrue to the Petitioner on his promotion w.e.f. December 2010;

d) Direct the Respondents to pay exemplary costs to the Petitioner for the prolonged harassment caused to the Petitioner;

e) Pass any other order as this Hon'ble Court may deem fit and appropriate in the facts of the present case."

2. In view of judgment dated 11.10.2022 passed in W.P.(C) 14385/2022 titled as IC-76585M Major Nishant Kaushik vs. Union of India & Ors., the Tribunal is exercising the similar jurisdiction and discharging the same function as being exercised by the High Court. Thus, no appeal from the Tribunal can/should lie before the High Court.

3. Therefore, in view of the aforesaid

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