UNION OF INDIA AND OTHERS vs BRIG. SUSHIL KUMAR KAUSHIK

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 3. The facts as averred in the OA are that the respondent