STATE (THROUGH CHIEF OF THE AIR STAFF) AND ORS vs EX-FLT LT MPS GODARA

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7766/2025 STATE (THROUGH CHIEF OF THE AIR STAFF) AND ORS .....Petitioners Through: Ms. Pratima N Lakra, CGSC with Ms. Mansi Aggarwal, Advs. versus EX-FLT LT MPS GODARA .....Respondent Through: Respondent-in-person. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 08.12.2025 C. HARI SHANKAR, J CM APPL. 77459/2025 1. By order dated 29 October 2025, we had requested the learned Armed Forces Tribunal1 to decide the respondent’s OA as expeditiously as possible. Thereafter, it appears that one of the learned members of the Tribunal, Hon’ble Ms. Justice Anu Malhotra, recused from hearing the matter further as she was of the view that she had made detailed observations in earlier orders passed by her and we had directed that the case should be decided uninfluenced by earlier orders passed by the Tribunal. 2. This is entirely a matter of judicial conscience and we cannot sit 1 “the Tribunal” hereinafter Signature Not Verified Signed By:PREETI W.P.(C) 7766/2025 Page 1 of 4 Signing Date:10.12.2025 12:58:56 in appeal over the decision of the learned judicial member not to hear the matter. 3. We find, further, that several of the members of the Tribunal have recused from hearing the matter of the respondent. The respondent has received an email from the Tribunal on 5 December 2025, in which it is pointed out that the Hon’ble Chairperson as well as two of the administrative members of the Tribunal have recused from hearing the respondent’s case. 4. In these circumstances, with the further recusal of Anu Malhotra J, the email has pointed out that it is not possible to convene any appropriate Bench which could hear the matter in Delhi and has therefore, directed the respondent to sho