Patna High CourtCWJC/1144/2014dismissed

J.C. 55991 W Sub Bindeshwari Lal v. The Commandant Bihar Regiment Centre And ORS

2015-02-02Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1144 of 2014 ====================================================== J.C. 55991 W Sub Bindeshwari Lal S/O Sri Harinandan Ras Lastly Employeed In Bihar Regiment Centre (2, Bihar) Pin- 900441 C/O 56 A.P.O.

.... .... Petitioner/s

Versus

1. The Commandant Bihar Regiment Centre Danapur Cantt, Patna (Bihar)- 801503

2. Col. Shakil Ahmad, Deputy Commandant Bihar Regiment Centre Danapur Cantt. Patna- 801503

3. Enquiry Officer, (Major Lalit Kala Bhaskar) Bihar Regiment Centre, Danapur Cantt. Patna- 801503

4. Cap. Rahul Rawat Of Bihar Regiment Centre, Danapur Cantt. Patna801503

5. Training Battalion, The Bihar Regiment Centre Pin 801503

6. 42914, Havildar R.K. Pandey, 11 Bihar, C/O 56 A.P.O.

7. J And B Sub-Area H.Q. Hussain Danapur Cantt. Pin- 801503

8. Record, Bihar Regiment, Danapur Cantt. Patna (Bihar) 801503 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Anjani Kr. Sharan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 02-02-2015 No one appears for the petitioner. Learned counsel for the respondents is present and has submitted that the subject matter relating to this writ application being service matter pertaining to armed forces, the remedy for the petitioner will be only before the Armed Force Tribunal in view of the judgment of the Division Bench of this Court in the case of The Union of India Vs. IC 38558Y Colonel Sarat Chandra Mishra & Ors. reported in 2012(2)PLJR 101.

Let it be noted that this writ application was earlier

Patna High Court CWJC No.1144 of 2014 (3) dt.02-02-2015 dismissed for default by an order dated 17.1.2014 and when subsequently the same was restored by an order passed by this Court dated 14.5.2014 in MJC No. 813 of 2014 and when this case was listed today, again no one has appeared for the petitioner. Be that as it may, this Court, having found the present writ application not maintainable, would once again dismiss this writ application but, then, nothing said in this order shall come in the way of the petitioner in approaching the competent Armed Force Tribunal.

(Mihir Kumar Jha, J) Rishi/- U