LT COL VINOD CHANDRA NORKI vs UNION OF INDIA THROUGH & ORS.

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10505/2025 and CM APPL. 43614-615/2025 LT COL VINOD CHANDRA NORKI .....Petitioner Through: Mr Indra Sen Singh, Mr Nasir Mohd and Ms Kaberi Sharma versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Amit Tiwari, CGSC, Mr. Hussain Taqvi, GP Ms. Ayushi Srivastava, Adv, Mr. Ayush Tanwar, Adv, Ms. Nishtha Dhall, Adv with Major Anish Muralidhar CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 23.07.2025 C. HARI SHANKAR, J. 1. This writ petition assails orders dated 14 May 2025 passed by the Armed Forces Tribunal1 in OA 1421/2025. 2. The petitioner was commissioned in the Indian Army on 12 June 2010. Based on certain medical tests, which were carried out on him by a Medical Board, he was issued a show cause notice under Rule 15A of the Army Rules, 1954, proposing to invalid him out of service on the ground that he was suffering from Alcohol Dependence 1 “the Tribunal”, hereinafter Signature Not Verified W.P.(C) 10505/2025 Digitally Signed By:AJIT Page 1 of 6 KUMAR Signing Date:25.07.2025 13:47:52 Syndrome. 3. The petitioner filed an appeal against the decision of the Medical Board and also replied to the show cause notice. 4. While the appeal and the reply to the show cause notice was pending, the petitioner moved the learned Tribunal by way of OA 1421/2025. The learned Tribunal has declined to interfere in the matter, by the impugned order dated 14 May 2025 on the ground that the petitioner could raise all issues including jurisdictional aspects, before the authority who would adjudicate the show cause notice and, if they pertained to the report of the Medical Board, before the Appellate Authority before whom the appeal had been filed. 5. We may reproduce in this