09.09.2026 Item No.5 PG/KS Ct. No.1 WP.CT. 120 of 2026 IC-77183F Lieutenant Colonel Mainak Ganguly Vs. Union of India & Ors. Mr. Sudip Patra Mr. Prem Prakash Mr. Sourav Singh Ms. Shruti Jain …………….for the Petitioner Mr. Ajit Kr. Chaubey Mr. Manabendranath Bandyopadhyay Mr. M. Rawat …………………..for the Respondents Ms. Maj Hitisha Rawal .....Army JAG Officer 1. This petition suffers from lack of proper pleadings. The submissions made by the learned counsel for the Petitioner across the Bar today, contending that one of the members of the Armed Forces Tribunal has recused from hearing the original application of the Petitioner, is not supported by any document. 2. Learned counsel for the petitioner desires to tender an additional affidavit. An additional affidavit cannot amount to pleadings in the Memo of the Petition. 3. The original applications of the Petitioners bearing O.A. No. 31 of 2025 and O.A. No. 14 of 2025, are pending before the Armed Forces Tribunal, Kolkata 2 Bench. We are informed by the learned counsel for the respondents that the Bench is available and is in session. 4. In view of the above, liberty is given to the Petitioner to approach the Tribunal and pray for listing of the Original Applications bearing O.A. No. 31 of 2025 and O.A. No. 14 of 2025, for a final hearing. 5. In view of the above, this Petition is disposed off.

6. We make it clear that we have not expressed any opinion on the merits of the pending Original Applications and the Tribunal is at liberty to decide the same on their own merits. 7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (TAPABRATA CHAKRABORTY, J.) (RAVINDRA V. GHUGE) CHIEF JUSTICE

09.09.2026 Item No.5 PG/KS Ct. No.1 WP.CT. 120 of 2026 IC-77183F Lieutenant Colonel Mainak Ganguly Vs. Union of India & Ors. Mr. Sudip Patra Mr. Prem Prakash Mr. Sourav Singh Ms. Shruti Jain …………….for the Petitioner Mr. Ajit Kr. Chaubey Mr. Manabendranath Bandyopadhyay Mr. M. Rawat …………………..for the Respondents Ms. Maj Hitisha Rawal .....Army JAG Officer 1. This petition suffers from lack of proper pleadings. The submissions made by the learned counsel for the Petitioner across the Bar today, contending that one of the members of the Armed Forces Tribunal has recused from hearing the original application of the Petitioner, is not supported by any document. 2. Learned counsel for the petitioner desires to tender an additional affidavit. An additional affidavit cannot amount to pleadings in the Memo of the Petition. 3. The original applications of the Petitioners bearing O.A. No. 31 of 2025 and O.A. No. 14 of 2025, are pending before the Armed Forces Tribunal, Kolkata 2 Bench. We are informed by the learned counsel for the respondents that the Bench is available and is in session. 4. In view of the above, liberty is given to the Petitioner to approach the Tribunal and pray for listing of the Original Applications bearing O.A. No. 31 of 2025 and O.A. No. 14 of 2025, for a final hearing. 5. In view of the above, this Petition is disposed off.

6. We make it clear that we have not expressed any opinion on the merits of the pending Original Applications and the Tribunal is at liberty to decide the same on their own merits. 7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (TAPABRATA CHAKRABORTY, J.) (RAVINDRA V. GHUGE) CHIEF JUSTICE