Delhi High Court - Orders
Ex Sgt Prabhat Kumar Srivastava vs Dr Niten Chandra Ias And Ors on 15 October, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~117
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1544/2025
EX SGT PRABHAT KUMAR SRIVASTAVA .....Petitioner
Through: Mr. Durgesh Kr. Sharma, Adv
versus
DR NITEN CHANDRA IAS AND ORS .....Respondents
Through: Mr. Premtosh K. Mishra, CGSC with
Mr. Siddharth Bajaj, Mr. Prarabh
Tiwari, Advs. with Mr. Minesh Singh,
IAF.
Mr. Manish Kumar Sinh, Mr.
Mritunjay, SGF, Air Force, Legal Cell,
DAV.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 15.10.2025
1. This hearing has been done through hybrid mode. CM APPL. 65183/2025 (Exemption)
2. Allowed, subject to all just exceptions. This application is disposed of. CONT.CAS(C) 1544/2025
3. The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers: -
"A. To summon and punish the contemnors for having committed the contempt of this Hon'ble Court by willfully defying and disobeying order/ judgment dt. 01 July 2025 passed in W.P. (C) No. 86/2025 tiled as "UOI & Ors Vs EX SGT PRABHAT KUMAR SRIVASTAVA" in the interest of justice.
B. To direct the contemnors to obey the order/judgment dt. 01 July 2025 passed in W.P.(C) No. 86/2025 tiled as "UOI & Ors Vs EX SGT PRABHAT KUMAR SRIVASTAVA" in the interest of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 23:34:42 justice.
C. To award any other/further relief as this Hon'ble court may deem fit and proper in the fact and circumstances of the case in favor of the petitioner and against the contemnors along with cost, in the interest of justice."
4. Vide order dated 05.07.2023 in OA No. 1449/2019, learned AFT, Principal Bench, New Delhi, had passed the following directions:-
"13. In the light of the preceding paragraphs and essential parameters given aforesaid, we hereby set aside the impugned order rejecting the claim of the applicant for disability pension and hold that he is entitled to disability pension for the disability of 'Bipolar Affective Disorder (Old)' @ 40% from the date of discharge which is to be broad-banded to 50% for life in the light of the judgment of the like Hon'ble Supreme Court in Union of India and Ors. Vs. Ram Avtar in Civil Appeal No. 418 of 2012 decided on 10.12.2014.
14. The respondents are thus directed to calculate, sanction and issue the necessary PPO to the applicant within a period of three months from the date of receipt of copy of this order and the amount of arrears shall be paid by the respondents, failing which the applicant will be entitled for interest @6% p.a. from the date of receipt of copy of the order by the respondents.
Pronounced in the open Court on this day of 5th July, 2023."
5. Subsequently, the aforesaid order passed by learned AFT was challenged before the learned Division Bench of this Court in W.P.(C) 86/2025 and other connected petitions. Vide Judgment dated 01.07.2025 in said petitions, affirming the aforesaid judgment passed by the learned AFT, the learned Division Bench had observed as under: -
"85. In view of the aforesaid, and considering the limited scope of the writ jurisdiction in reviewing the orders of the learned Tribunal, no case has been made out warranting interference by this Court with the decision of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 23:34:42 the learned Tribunal."
6. Issue notice.
7. Learned counsel appearing on behalf of the respondents accepts notice.
8. Let a compliance report be filed before the next date of hearing.
9. List on 11.03.2026.
AMIT SHARMA, J OCTOBER 15, 2025/kr/sg This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 23:34:42