$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12.08.2024 + W.P.(C) 7181/2024 MAJ GEN VINAYAK SAINI SM VSM .....Petitioner Through: Mr.Sudhir Nandrajog, Sr. Adv. with Mr.Indra Sen Singh, Mr.Abhishek Singh, Mr.Nasir Mohd & Ms.Kaberi Sharma, Advs.

versus UNION OF INDIA THROUGH & ORS. .....Respondents Through: Mr.Harish Vaidyanathan Shankar, CGSC with Mr.Srish Kumar Mishra & Mr.Alexander Mathai Paikaday, Advs. with Col.Sarika & Maj.Anish Muralidhar.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR REKHA PALLI, J (ORAL)

1. The petitioner, who is presently serving as a Major General, in the Corps of Engineers in the Indian Army, has approached this Court under Article 226 of the Constitution of India, assailing the order dated 19.04.2024 passed by the learned Armed Forces Tribunal (Tribunal) in OA No.1559/2023. Vide the impugned order, the learned Tribunal has dismissed the petitioner‟s Original Application (OA).

2. Before dealing with the rival submissions of the parties, we may note the brief factual matrix as emerging from the record.

3. The petitioner was commissioned in the Corps of Engineers of the Indian Army on 19.12.1987 and earned all his prom