UNION OF INDIA AND OTHERS vs BRIG. SUSHIL KUMAR KAUSHIK

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.02.2026 + W.P.(C) 2620/2026 & CM APPL. 12747/2026 UNION OF INDIA AND OTHERS .....Petitioners Through: Mr. Sandeep Kumar Mahapatra, CGSC. versus BRIG. SUSHIL KUMAR KAUSHIK .....Respondent Through: Mr. Ankur Chhibber, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This writ petition lays a challenge to the order dated 29.10.2025 passed by the Armed Forces Tribunal, Principal Bench (‘Tribunal’) in OA No. 5206/2024 (‘O.A’, for short) filed by the respondent herein, whereby, the Tribunal has allowed the OA by stating in paragraph no.21 of the order as under:- “21. In view of the above, it is directed that the entire assessment of the IO in the impugned CR of 2019 be set aside and the applicant be afforded a Special Promotion Board (AFMS) based on his changed profile. The said board be conducted within three months from the date of the order and a report made to this Tribunal.” 2. The OA was filed by respondent seeking following prayers:- “i. Quash and set aside the impugned result of the board Signature Not Verified Signed By:PRADEEP W.P.(C) 2620/2026 Page 1 of 10 SHARMA Signing Date:02.03.2026 16:10:58 proceedings of the Promotion Board (Medical) No.1, issued vide result order dated 22.09.2023 for the Promotion Board (Medical) No.1 convened on 07.09.2023, result Order dated 16.03.2023 for the Promotion Board (Medical) No.1 convened on 10.01.2023, result Order dated 01 .07.2022 for the Promotion Board (Medical) No.1 convened on 22.03.2022 and result order dated 22.09.2023 for the Review Promotion Board (AFMS) No. 1 convened on 07.09.2023 to the extent that the Applicant was not empanelled for promotion to the rank of Major Gener