WRIA/14288/2025 of 921755-S CPL ATUL PRATAP SINGH TOMAR Vs UNION OF INDIA THRU. SECY. MINISTRY OF DEFENCE NEW DELHI AND 7 OTHERS on 11 December 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14288 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner and Shri S. B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for respondents. This writ petition has been filed by the petitioner with the following main prayers : "(i) Issue a writ, order or direction in the nature of 'Certiorari' thereby quashing the order dated 21-09-2022 passed by Hon'ble Armed Forces Tribunal, Regional Bench, Lucknow, contained as Annexure No. 1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of 'Certiorari' thereby quashing the discharge order dated 18-04-2018, contained as Annexure No. 3 to this writ petition.

(iii) Issue a writ, order or direction in the nature of Mandamus' thereby commanding the opposite parties to reinstate the petitioner in the service of the Air Force with all the back wages including seniority and promotions. It is the case of the petitioner that the order of discharge from service was passed by B. Suresh, Air Marshal, Air Officer-in-Charge (Personnel). As per the Air Force rules, the order of discharge should have been passed by the Air Officer-in-Charge (Administration). An officer who did not have jurisdiction has passed the order of discharge and this fact was not considered by the Armed Forces Tribunal while rejecting Original Versus Counsel for Petitioner(s) : Phool Bux Singh Counsel for Respondent(s) : A.S.G.I. 921755-S Cpl Atul Pratap Singh Tomar .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Defence New Delhi And 7 Others .....Respondent(s)

Application No.528 of 2021. Shri S. B. Pandey, learned Senior Advocate has stated that as is evident from the order of the Tribunal, no such ground was raised for challenging the order of discharge. Learned counsel for the petitioner very fairly submits that this ground was not raised while challenging the order of discharge before the Armed Forces Tribunal. It has also been pointed out by Shri S. B. Pandey, learned Senior Advocate that the order of the Tribunal is dated 21.09.2022, whereas the petitioner has filed this writ petition in December 2025. The limitation for filing a review is only 30 days. The Armed Forces Tribunal, being the first court/Tribunal to examine facts on the basis of affidavits/documents filed by the parties, should have been made aware of such a ground of challenge. In case the Tribunal had not agreed to such a ground of challenge and had passed an order, it would then have been open for the petitioner to place this ground before us. Since such a ground was not raised and as it involves a mixed question of fact and law, it cannot be adjudicated upon solely on the basis of assertions made in the writ petition. Since we have already held that such a ground cannot be adjudicated by us, it will be open for the petitioner to move an application for condonation of delay by filing a review application before the Tribunal. The writ petition is disposed of with liberty to the petitioner to approach the Tribunal. December 11, 2025 Mahesh WRIA No. 14288 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench