LAUV KUMAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 04.03.2025 + W.P.(C) 2676/2025 LAUV KUMAR .....Petitioner Through: Mr.Rajshekhar Rao Sr. Adv. with Mr. Kshitij Sharda along with petitioner in person versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Amit Tiwari, CGSC with Mr.Hussain Taqvi, GP, Mr.Ayush Tanwar & Ms.Ayushi Srivastav, Advs. along with Maj Anish Muralidhar, Army & Sub Jagat Singh, DG Assam Rifles. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) CM APPL. 12802/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 2676/2025 & CM APPL. 12801/2025 2. This petition has been filed challenging the Order dated 27.02.2025 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’), in OA Signature Not Verified Digitally Signed W.P.(C) 2676/2025 Page 1 of 4 By:SUNIL Signing Date:06.03.2025 11:01:58 No. 434/2025 titled, ‘Maj Lauv Kumar v. Union of India & Ors.’, modifying the Interim Order dated 17.02.2025 passed in the said petition, to the limited extent that while the respondents may proceed with the Court of Inquiry and complete it, however, before taking any action in the matter, they shall take leave of the learned Tribunal. 3. The learned senior counsel for the petitioner submits that the Court of Inquiry has been ordered on Anonymous/Pseudonymous complaints, which, in terms of the instructions of the Government of India by an Office Memorandum dated 09.10.2024, should have been filed straight away. He submits that the respondents, on the other hand, are relying upon a policy directive dated 11.04.2023, which cannot supersede the instructions issued by the Government of India. He submits that, without prejudice to the