High CourtsDivision Bench(2026) 03 DEL CK 1899

Col. Sony Sharma & Ors. vs Union Of India & Ors.

Delhi High Court, Principal Bench, New Delhi · Decided on 13 March 2026

HON’BLE JUDGES
C. Hari Shankar, J · Ajay Digpaul, J
CASE NUMBER
W.P.(C) 13425/2024

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Judgment

16 paragraphs · 268 words

C. Hari Shankar, J.

CM APPL. 13413/2026 (Exemption)

1.

Exemption allowed, subject to all just exceptions.

2.

The application stands disposed of.

CM APPL. 13414/2026 (delay of 280 days in filing review petition)

3.

This application seeks condonation of delay of 280 days in filing the review petition.

4.

For the reasons stated in the application, the delay is condoned.

5.

The application is allowed.

REVIEW PET. 96/2026

6.

By our judgment dated 8 May 2025, we had declined to entertain the writ petition, as we were of the opinion that the lis was amenable to adjudication by the Armed Forces Tribunal1.

7.

We accordingly granted liberty to the petitioners to approach the AFT.

8.

The only prayer in this application is that, as the petitioners are/were officers of the Armed Forces and are 27 in number, we may permit the writ petition to be transferred to the AFT and registered as a transferred application and proceeded with in accordance with law rather than requiring the petitioners to file fresh applications before the AFT.

9.

We have passed several such orders, in which we have directed the Registry of this Court to transfer the matter to the AFT and requested the AFT to proceed with it in accordance with law.

10.

Accordingly, we direct the Registry of this Court to transfer the records of WP (C) 13425/2024 to the AFT. The AFT will proceed to register the matter in accordance with its procedure and proceed with the petition in accordance with the procedure of the AFT.

11.

The review petition is allowed in the aforesaid terms.

Footnotes

  1. 1.“AFT” hereinafter