EX RFN DEEPAK KUMAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.01.2026 + W.P.(C) 10902/2020 EX RFN DEEPAK KUMAR .....Petitioner Through: Mr. S M Dalal, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Jaswinder Singh, CGSC and Major Anish Muralidhar in person. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This petition has been filed by the petitioner challenging the order of the Armed Forces Tribunal (Tribunal) dated 20.03.2018, whereby the Tribunal has dismissed the Original Application No. OA 758/2017 (‘OA’, for short) filed by the petitioner by stating in paragraphs 16 to 19 as under: “16. We have carefully considered the submissions made by the respective sides and gone through the record. There is no dispute about the fact that for being eligible for service pension, minimum service period of 15 years is required. In the case of Applicant, no doubt, he has been released from service after completing his initial term of 20 years and 20 days of service. Nevertheless, during this period, other than not Signature Not Verified Signed By:PRADEEP W.P. (C) 10902/2020 Page 1 of 5 SHARMA Signing Date:03.02.2026 15:05:14 completing required period of embodiment, the Applicant had shown conduct which is not expected of a uniformed soldier. A soldier is required to adhere to punctuality and discipline and be amenable to the orders of his superior officers. By frequently absenting after availing of leave only shows the casual nature of the applicant towards his TA service. 17. On one particular occasion, he had absented for almost a year, after having availed leave, when he had to be declared a deserter and was subjected to Summary Court Martial on his arrest. His period of abs