Dismissed

No. 14453937 Naik (Dmt) Ram Khiladi S/O Shri Bhagwat Singh v. Union of India

Rajasthan HC5 Aug 2024CW/9548/2024

Case brief

AI extract

What is this about?

A retired army Naik sought to challenge his 1993 dismissal from service. His earlier Original Application was dismissed for delay, the Supreme Court petition and review were dismissed, and the Tribunal case was withdrawn. The Court held the Tribunal, not the High Court, has original jurisdiction and dismissed the writ as not maintainable.

What the court decided

AI extract

No. 14453937 Naik (Dmt) Ram Khiladi S/O Shri… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:33189-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 9548/2024

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No. 14453937 Naik (Dmt) Ram Khiladi S/o Shri Bhagwat Singh, Aged About 66 Years, R/o Village Randhirpura, Post Pala, Tehsil Kumher District Bharatpur Rajasthan.

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----Petitioner

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Versus

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Union Of India, Through Secretary Ministry Of Defense, Government Of India, Dhq Post, New Delhi- 110011.

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Integrated Hq Of Ministry Of Defense (Army) Personal Services, Adjutant General’s Branch, Army Headquarters New Delhi.

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Officer In-Charge, Artillery Records, Nasik Road Riad Camp.

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Officer Commanding, 12 Field Regiment C/o 56 Apo.

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Principal Controller Of Defense Accounts (Pension), Allahabad.

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----Respondents

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For Petitioner(s) : Ms, Anjali Minocha For Respondent(s) : Ms. Manjeet Kaur

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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05/08/2024

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Heard.

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The petitioner has filed this petition seeking to challenge order dated 22.05.1993 by which he was dismissed from service.

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It appears that the aforesaid order was put to challenge before the Tribunal by filing Original Application which was not entertained and on the ground of delay it was dismissed. We also find that the petitioner has availed the remedy by approaching

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[2024:RJ-JP:33189-DB]

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[CW-9548/2024]

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(2 of 2)

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Supreme Court, where also the petition was dismissed. Later on, review petition filed before the Hon’ble Supreme Court was also dismissed as not pressed.

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During the course of hearing, learned counsel for the petitioner has placed before this Court order dated 09.05.2024 by which the case pending before the Tribunal has also been withdrawn and thereafter, this petition has been filed.

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In our view, the Tribunal has the original jurisdiction to entertain the Original Application and not this Court. This writ petition is, therefore, not maintainable and the same is dismissed. 6. It will be open for the petitioner to seek revival of Original Application which was dismissed as withdrawn on 09.05.2024.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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NAVAL KISHOR /DIVYA SAINI-27

No. 14453937 Naik (Dmt) Ram Khiladi S/O Shri Bhagwat Singh v. Union of India

Case brief

What is this about?

What the court decided

No. 14453937 Naik (Dmt) Ram Khiladi S/O Shri Bhagwat Singh v. Union of India

Case brief

What is this about?

What the court decided

A compact analysis

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