India News | Delhi HC Issues Notice on Brigadier's Contempt Plea Alleging Non-compliance of AFT Promotion Orders
Get latest articles and stories on India at LatestLY. Justice Mini Pushkarna sought the respondents' response and listed the matter for further hearing on August 19, 2026.
New Delhi [India], July 27 (ANI): The Delhi High Court on Monday issued notice on a contempt petition filed by Brig Rohit Mehta alleging wilful non-compliance by the Centre and senior Army officers with two Armed Forces Tribunal (AFT) orders directing reconsideration of his promotion to the rank of Major General.
Justice Mini Pushkarna sought the respondents' response and listed the matter for further hearing on August 19, 2026.
The petition has been filed against the Union of India, the Chief of the Army Staff and the Military Secretary under the Contempt of Courts Act, alleging deliberate disobedience of the AFT's orders dated April 2 and May 15, 2026.
According to the petitioner, despite specific directions to convene the No. 1 Selection Board and reconsider his case along with his original 1992 batch, the authorities have failed to comply within the stipulated timeline.
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Appearing for Brig Mehta, Senior Advocate Nalin Kohli told the Court that he was arguing the matter "with a heavy heart" and had no option considering what the decorated Army officer had been made to undergo.
He submitted that despite repeated judicial directions, the respondents had not complied with the Tribunal's orders and referred to a Supreme Court judgment to argue that a delayed appeal after a contempt petition is filed is no defence against issuance of notice.
Counsel for the respondents opposed the contempt plea, submitting that an appeal challenging the AFT's order had already been filed and was likely to be listed within "a day or two." The respondents' counsel stated that they were "not shying away" from the proceedings but were exercising their legal right to challenge the Tribunal's judgment before the appellate forum.
According to the petition, the AFT, while deciding Brig Mehta's Original Application on April 2, 2026, declined to interfere with one of his Confidential Reports (CR-5) but held that, in the interest of fair and equitable career progression, he should be granted a Special Review (Fresh) consideration for promotion to the rank of Major General by the No. 1 Selection Board along with his original 1992 batch. The Tribunal directed that the exercise be completed within three months.
The petition states that instead of implementing the directions, the respondents filed a review application before the AFT. The review plea was dismissed on May 15, 2026, with the Tribunal directing compliance within one month.
Brig Mehta alleges that even after expiry of that deadline, the authorities neither convened the Selection Board nor communicated any decision on his promotion.
The petition further states that Brig Mehta is scheduled to retire on October 31, 2026, and contends that any further delay would render the Tribunal's relief ineffective, as promotion would entitle him to continue in service for two more years. It also alleges that the respondents' continued inaction amounts to wilful disobedience of the Tribunal's binding directions.
Brig Mehta describes himself in the petition as a highly decorated 1992-batch Armoured Corps officer whose service includes a war report during the Kargil conflict, selection to the Royal College of Defence Studies in the United Kingdom, and a tenure as Military Adviser to the United Nations Mission in Congo.
He submits that despite his distinguished service record, he has repeatedly been denied fair consideration for promotion, leading to multiple rounds of litigation.
Through the contempt petition, Brig Mehta has sought initiation of contempt proceedings against the respondents for alleged wilful disobedience of the AFT's orders dated April 2 and May 15, 2026.
He has also sought directions to immediately convene the No. 1 Selection Board and grant him a Special Review (Fresh) consideration for promotion along with his original 1992 batch, besides any other relief deemed appropriate by the High Court. (ANI)
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