MOHD AQIB Vs. UNION OF INDIA

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) This petition has been filed by the petitioner, challenging the order dtd. 11/2/2025 passed by the learned Armed Tribunal Forces, Principal Bench, New Delhi (in short, 'Tribunal') in Original Application, being O.A. 5262/2024, titled Sqn Ldr Mohd Aqib v. Union of India and Ors., whereby the learned Tribunal has rejected the prayer for the interim relief to the petitioner against his posting at Saraswa, Saharanpur District, State of Uttar Pradesh.

(3.) It is the case of the petitioner that the petitioner was commissioned into the Technical Branch of the Indian Air Force on 8/7/2012, and was posted at Yelahanka, Bangalore. He applied for pre-mature separation from service on 13/6/2023. The same was approved vide Order dtd. 21/9/2023, with his provisional PSS scheduled for 1/3/2024. However, just 13 days prior to his due date of pre-mature retirement, the petitioner was informed that his request for pre-mature separation had been cancelled vide Oder dtd. 15/2/2024. Thereafter, the petitioner received an order whereby he was informed that he had been attached to D(I&T) from 2/4/2024. He was also informed that the respondents, vide Order dtd. 12/4/2024, had issued the terms of reference for a Court of Inquiry based on some complaint on allegation of the petitioner being involved in some private company and misusing his service position for financial gains. The Court of Inquiry proceedings have admittedly culminated in a report, which the petitioner claims to in June, 2024. On 4/11/2024, the petitioner was directed to join 30 Wing, AFS Sarsawa.