964377-S LAC TARUN KUMAR PATEL PROP FIT vs UNION OF INDIA, THROUGH SECRETARY & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17295/2025, CM APPL. 71228/2025 & CM APPL. 71229/2025 964377-S LAC TARUN KUMAR PATEL PROP FIT .....Petitioner Through: Mr. Vishwajit Kumar Singh and Mr. Dinkar Mishra, Advs. versus UNION OF INDIA, THROUGH SECRETARY & ORS. .....Respondents Through: Ms. Shagun Shahi Chugh, SPC with Mr. Yudhveer Singh, Adv. Sgt. Mindu & Sgt. Vikas CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 14.11.2025 C. HARI SHANKAR, J. 1. This petition is directed against order dated 3 September 2025 passed by the Armed Forces Tribunal, Principal Branch, New Delhi1. 2. The main prayer of the petitioner before the AFT was that he should be permitted to appear in the Corporal Promotion Examination2. Even prior to approaching the AFT, the petitioner had been issued a show cause notice dated 20 May 2025, which was 1 “AFT” hereinafter 2 “CPE” hereinafter Signature Not Verified W.P.(C) 17295/2025 Page 1 of 4 Digitally Signed By:AJIT KUMAR Signing Date:17.11.2025 18:44:07 predicated on the premise that the petitioner had exhausted three chances of appearing in the CPE and that the maximum period available to the petitioner for the said purpose, of 11 years, had expired. On the premise that the petitioner had, therefore, exhausted all possible chances of appearing in the CPE, the show cause notice proposed to convey a tentative view that the petitioner was unsuitable for retention in the Air Force and, therefore, proposed his discharge from service. 3. Admittedly, the petitioner had submitted a reply to the show cause notice which was pending on the date when the petitioner moved the AFT. 4. The AFT has, in these circumstances, refused to interfere, at this stage, as the show cause notice was pending a