MAJ ABHIK CHAUDHURY vs UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF DEFENCE & ORS.

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 26.02.2026 + W.P.(C) 2715/2026 CM APPL. 13213/2026 CM APPL. 13214/2026 MAJ ABHIK CHAUDHURY .....Petitioner Through: Mr. Jagdev Singh Gulliya, Adv. versus UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF DEFENCE & ORS. .....Respondents Through: Mr. Sandeep Kumar Mahapatra, CGSC, Mr. Akash Gupta, GP, Mr. Rajat Sharma, Ms. Mrinmayee Sahu, Mr. Tribhuvan, Mr. Abhimanyu Asija, Advs. Mr. Akash Gupta, Adv. (GP) Major Tarun V Pillai and Major Gaurav, Army Major Kanika Sharma, Army CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO , J. (ORAL) CM APPL. 13214/2026 (for exemption) 1. Allowed, subject to just exceptions. 2. The application is disposed of. W.P.(C) 2715/2026 Signature Not Verified W.P.(C) 2715/2026 Page 1 of 4 Digitally Signed By:MAHIMA SHARMA Signing Date:27.02.2026 14:38:05 3. This petition lays a challenge to an order dated 13.02.2026 whereby the prayer of the petitioner for an interim relief that the operation of the release order dated 16.12.2025 be stayed, has been rejected by the Tribunal. The Tribunal has in paragraph 2 onwards stated as under: “2. It is prayed on behalf of the applicant that his case is covered by the order passed by the Hon’ble Supreme Court in Civil Appeal No.9747-9757/2024, Lt Col Pooja Pal & Ors. Vs Union of India & Ors., wherein the benefit of stay has been granted till the final decision in the said case. It is accordingly contended that the applicant is entitled to continuation in service till the final decision is rendered by the Hon’ble Supreme Court in the case of Lt Col Pooja Pal & Ors. (supra). 3. Per contra, learned counsel for the respondents submits that the case of the applicant is factually distinguisha