New Delhi [India], June 29 : The Delhi High Court on Monday extended the interim stay on the release of Indian Air Force (IAF) officer Wing Commander Niketa Pandey from service and directed the Air Force authorities to file their response within seven days.
A bench headed by Justice Mini Pushkarna passed the order while an application filed by Wing Commander Niketa Pandey for extension of stay. Her main petition seeking permanent Commission in the IAF is pending before the Armed Forces Tribunal (AFT).
The court listed the matter for further hearing on July 10.
Advocate Astha Sharma, appearing for Niketa Pandey, submitted that the release order issued by the Air Force authorities was arbitrary as it was passed on June 3 during the pendency of her petition before the Armed Forces Tribunal (AFT). She informed the court that the Tribunal had rejected her application seeking interim protection against her release from service.
The petitioner has contended that she has rendered nearly 15 years of distinguished service in the Indian Air Force, including operational duties during Operation Balakot and Operation Sindoor. She submitted that if she is released from service before the adjudication of her claim for Permanent Commission, she would suffer irreparable prejudice, and the substantive relief sought in the pending proceedings would become largely infructuous.
The plea states that the petitioner had earlier approached the Supreme Court seeking protection against her release from service. The apex court, while disposing of the matter, had directed her to avail the appropriate remedy before the Armed Forces Tribunal or the High Court.
Thereafter, she approached the Armed Forces Tribunal seeking directions for the grant of Permanent Commission in the Indian Air Force. However, the Tribunal dismissed her plea for an interim stay against her release.
Following the Tribunal's refusal to grant interim relief, the petitioner moved the Delhi High Court, which granted an interim stay on her release and directed the respondents to file their reply within a week. On Monday, the High Court extended the interim protection and sought a response from the authorities within seven days.
According to the petition, the Tribunal rejected the petitioner's application seeking protection against her release from service on the erroneous premise that the interim protection granted by the Supreme Court had ceased to operate upon the pronouncement of its judgment dated March 24, 2026.
The plea further states that despite the clear language of the Supreme Court's judgment, the respondent Air Force authorities proceeded to issue a release order on June 4, 2026, making it effective from July 3, 2026, without obtaining any clarification, modification, or vacation of the subsisting interim protection from any competent judicial forum.
The petitioner has also submitted that the Air Force authorities did not file any application before the Tribunal seeking modification or vacation of the interim protection granted by the Supreme Court.
The petition further states that before approaching the High Court, the petitioner had moved the Armed Forces Tribunal not for fresh interim protection, but for enforcement of the continuing protection granted by the Supreme Court and for suspension of the release order, which, according to her, had been issued in violation of the subsisting judicial protection.
However, the Tribunal declined to grant relief, observing that the petitioner had not approached either the Tribunal or the High Court before the pronouncement of the Supreme Court's judgment dated March 24, 2026.