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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Rahul Jain - Appellant
Versus
Union of India - Respondent
W.P.(C) 16497 of 2022 & CM Appls. 51833-51834 of 2022
Decided On : 01-12-2022
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, the present petition is not maintainable in the present form before this Court as the only remedy of challenging the final decision of the Tribunal lies before the Apex Court.
4. As stated in the present petition, the petitioner approached this Court vide W.P.(C) 13786/2022 which was dismissed as withdrawn after some arguments vide order dated 23.09.2022.
5. Accordingly, we hereby dispose of the present petition alongwith pending applications, by giving liberty to the petitioner to move an appropriate application under Section 32 of the Act before the Hon'ble Supreme Court.
The Armed Forces Tribunal's decisions are appealable only to the Supreme Court, not the High Court, affirming jurisdictional boundaries.
The central legal point established is the obligation of the respondents to promptly implement the order of the Tribunal, especially considering the petitioner's impending retirement, and the failure....
Courts may refrain from interfering in matters pending before specialized tribunals, and provisional decisions may be deemed pending the final decision of the tribunal.
Promotion decisions within the armed forces require thorough examination of facts and consideration of balance of convenience, especially when retirement is imminent.
The court ruled that promotion disputes are outside its jurisdiction and directed the petitioner to seek recourse through the appropriate forum.
A petition dismissed as similar issues were pending with the Armed Forces Tribunal; rights to further challenge retained for new grievances.
The High Court may dismiss petitions rendered moot by subsequent actions, allowing parties to seek remedies in appropriate forums.
Judicial review requires exhaustion of departmental remedies before any writ can be filed in court.
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