UNION OF INDIA AND ORS. vs EX-SUB SHAILENDRA SINGH RAWAT

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 14.01.2026 + W.P.(C) 479/2026 UNION OF INDIA AND ORS. .....Petitioners Through: Ms. Gauri Goburdhun, SPC and Major Anish Muralidhar in person. versus EX-SUB SHAILENDRA SINGH RAWAT .....Respondent Through: Mr. Devendra Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 2353/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 479/2026 & CM APPL. 2354/2026(Stay) 3. This petition lays a challenge to the order dated 05.10.2023 (impugned order) passed by the Armed Forces Tribunal, Principal Bench, New Delhi („Tribunal‟), in Original Application No. 3058/2022. („OA‟ for short). 4. This petition has been filed with the following prayers:- “a. Stay the operation of the Order dated 05.10.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.3058 of 2022 titled “Ex- Sub Shailendra Singh Rawat Versus Union of India and Ors.”; b. Issue a Writ or direction in the nature of Certiorari, setting Signature Not Verified Signed By:PRADEEP W.P.(C) 479/2026 Page 1 of 10 SHARMA Signing Date:20.01.2026 11:01:46 aside the Order dated 05.10.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No.3058 of 2022 titled “Ex- Sub Shailendra Singh Rawat Versus Union of India and Ors.”; and / or c. Pass other and further order(s) this Hon‟ble Court may deem fit and proper in the interest of justice.” 5. The facts as noted from the petition are that the respondent enrolled in the Army on 07.07.1987. During his service on 09.05.2010 to 01.11.2010, the respondent was downgraded to Low Medical Category (Tem