UNION OF INDIA AND ORS vs NR 19127X COL R PADMA HEPSIBA

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23.04.2026 + W.P.(C) 1252/2026 & CM APPL. 6211/2026 UNION OF INDIA AND ORS .....Petitioners Through: Col. Ashish Chaddha DGAFMS with Major Kanika Sharma, Army. versus NR 19127X COL R PADMA HEPSIBA .....Respondent Through: Mr. Indra Sen Singh & Ms. Kaberi Sharma, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) AMIT MAHAJAN, J. 1. The present petition is filed assailing the order dated 12.09.2025 (hereinafter ‘impugned order’) passed by the Hon’ble Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 492 of 2024, whereby, the Original Application filed by the Respondent herein was allowed. 2. Succinctly stated, the Respondent was commissioned in the Military Nursing Service (MNS) on 29.12.1987. She was considered for promotion to the rank of Brigadier by the Promotion Board (AFMS) No.2 as a fresh case in January 2023 and thereafter as a first review case in October 2023; on both occasions, she was found ‘not empanelled’. Aggrieved by her non-empanelment by Promotion Board Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 1252/2026 Page 1 of 7 Signing Date:27.04.2026 16:58:47 (AFMS) No. 2 in January 2023, the Respondent submitted a statutory complaint dated 28.02.2023, which came to be rejected by the competent authority vide MoD letter dated 26.09.2023. Subsequently, upon again being found ‘not empanelled’ in October 2023 as a first review case, she submitted a further statutory complaint dated 20.12.2023. Being aggrieved by her continued non-empanelment and the delay in disposal of her second statutory complaint, the Respondent approached the learned Tribunal. 3. The learned Tribunal noted that while the Respondent’s Confidential Report