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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19811/2025, CM APPL. 82710/2025

KT SHIBU NO 10166577M NK .....Petitioner

Through: Mr. U.S. Maurya, Adv.

versus

UNION OF INDIA & ORS. .....Respondents

Through: Ms. Avshreya Pratap Singh

Rudy, CGSC for UOI with Major Anish

Muralidhar (Army)

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

O R D E R

% 24.12.2025

CM APPL. 82710/2025 (for exemption)

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 19811/2025

3. This writ petition assails an order dated 18 December 2025,

whereby the Armed Forces Tribunal, $~30 has rejected the prayer of the

petitioner for interim relief.

4. The petitioner was discharged from medical service on 20

W.P.(C)19811/2025 Page1of

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November 2025 on the ground that he was suffering from Alcohol

Dependency Syndrome and that retraining him in the Armed Forces

was not advisable.

5. Paragraph 2 of the order of discharge dated 20 November 2025

read thus:

“2. Personnel mentioned at Appendix to this letter will be

transferred to pension establishment on being placed in Low

Medical Categories SHAPE-2 or 3 (permanent) or Alcohol

Dependency Syndrome (ADS) (permanent or temporary) under

Rule 13 (3) Item III (iii)(a)(i) for OR of Army Rule 1954 being no

shelteredappointment availableinDSC.”

6. Ms. Rudy, learned CGSC appears on behalf of the respondents

submits, on instructions, that Miscellaneous Application No.

6035/2025 is listed before the Tribunal on 7 January 2026. We may

note that the reliefs sought in the Miscellaneous Application are as

under:

“8.Relief(s)sought:

In view of the submissions made herein above, it is therefore, most

respectfully prayed that the Hon'ble tribunal may graciously be

pleasedto:-

(a) Directions to the respondents to set aside the

Respondents impugned discharge order dated 20-11-2025,

03-05-2018 and 20-11-2018 and ER-2023 (as referred in

para17 and18ofAFMSF-15dated15-09-2025) and;

(b) Direction to the Respondents to not

discharge/disturb the services of applicant as applicant is

goingtodischargefrom Serviceon31-12-2025.

(c) Direction to Respondent to grant Disability Pension

(ServiceElement andDisabilityElement).

1“Tribunal”,hereinafter

W.P.(C)19811/2025 Page2of

This is a digitally signed order.

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 19/01/2026 at 19:10:04

(d) The applicant be granted any other relief which this

Hon'ble Tribunal may deem appropriate, just and proper in

the interest of justice and in the facts and circumstances of

thecase.

(e) Award cost oftheOAto theapplicant”.

(ii) Issue any other/further direction or order as this Hon'ble

Court maydeem fit inthefacts andcircumstances ofthecase.”

7. Insofar as the presently impugned order is concerned, the

Tribunal has provided the following reasons for not granting interim

relief to the petitioner:

“4. For the purpose of injunction in the form of interim relief, a

prima facie the balance of convenience and irreparable loss, all

should be present together. In this case, the applicant is a man in

uniform, re-enrolled in the Defence Service Corps after completion

of initial tenure of service in Indian Army and in the second tenure

when he is found to be suffering from Alcohol Dependency

Syndrome as problems of Mental and Behavioral disorder on

account , of Alcohol Dependency Syndrome and the report of the

medical board proceedings available in annexure A- 3 clearly

indicates that he is in the low medical category and suffering from

various ailments namely Alcohol Dependency Syndrome mental

and behavioral disorder due to use of Alcohol, Acute Pancreatitis

and Diabetes Mellitus Type-II, the balance of convenience is