The High Court dismissed a writ petition challenging the petitioner's discharge from Army service. The court held the petition was not maintainable under the Armed Forces Tribunal Act.
Petition dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 20279 of 2013
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Chandra Shekhar Yadav Son Of Sri Bunni Lal Roy Resident Of Village Kachhi Dargah, Police Station Fatuha, District Patna, Ex Recruit, B Company, Bihar Regiment, Danapur Cantt, Patna , Bihar
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh For the Respondent/s : Mr. N. A. Shamsi A.S.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 23-01-2023 The petitioner by way of this writ petition assailed as
under:-
(I) For issuance of order or direction or writ in the nature of certiorari for quashing the order of discharge from service on compassionate ground of petitioner dated 1.6.2011 issued under the signature of Major, O.C. ‘B’ Copy Danapur Cantt, as well as certificate of discharge of the petitioner dated 7.6.2011 issued under the signature of Colonel, Trag, Bri Cdr the Bihar Regimental Centre, Danapur Cantt. without any rhyme or reason.
(ii) For issuance of order or direction of writ in the nature of Mandamus for commanding respondent to reinstate and re-enrolled the petitioner in Army Service.
(iii) For any other incidental and consequential reliefs for which the petitioner is found fit under the facts and circumstances of this case.
Patna High Court CWJC No. 20279 of 2013(2) dt.23-01-2023 2/2
In view of the provisions, the writ petition would not be maintainable under the Armed Forces Tribunal Act, 2007 with effect from 25.12.2007, wherein provided under Rule-15
as under:-
“15 Calendar of cases.- Each Bench shall draw up a calendar for the hearing of transferred cases and, as far as possible, hear and decide the cases according to the calendar.”
Keeping in view of above, the writ petition is not maintainable and accordingly dismissed.
(Sanjeev Prakash Sharma, J)
Brajesh Kumar/- U
1 issue framed by the court
Whether the writ petition challenging discharge from Army service is maintainable under the Armed Forces Tribunal Act, 2007.
Chandra Shekhar Yadav
Union Of India
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
