EX SGT (DR.) OMKAR NATH KATIYAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.02.2026 + W.P.(C) 2386/2026 EX SGT (DR.) OMKAR NATH KATIYAR .....Petitioner Through: Mr. Kumar Rajesh Singh and Ms. Punam Singh, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Viplav Acharya, Ms. Laavanya Kaushik and Ms. Khyaati Bansal, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 11602/2026 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application is disposed of. W.P.(C) 2386/2026 3. This petition has been filed with the following prayers: “(A) Set aside /quash judgment and order dated 26.09.2025 passed by the Ld. Tribunal in OA No.129i 'of 2017 ; (B) Issue an appropriate writ, order, or direction quashing and setting aside the discharge certificate along with all consequential orders, as passed and/or altered by the respondents, being illegal, arbitrary, and in violation of the provisions of the Air Force Act, particularly Sections 23 and 15(2)(a) and 15(2)(h), which were wrongly invoked to remove the petitioner from service; (C) Issue an appropriate writ, order, or direction directing the Signature Not Verified Signed By:PRADEEP W.P. (C) 2386/2026 Page 1 of 5 SHARMA Signing Date:21.02.2026 12:55:52 respondents to pay the petitioner salary and all consequential benefits for the remaining service period of four (4) years and eight (8) months, and re-conduct the Release Medical Board (RMB) strictly in accordance with the applicable rules and GMO guidelines.” 4. The petitioner is challenging the order dated 26.09.2025 of the Armed Forces Tribunal in OA No. 1291/2017 filed by the petitioner, wherein the Tribunal in paragraph 12 onwards has stated as under: “12. We note