Siyaram Sharma v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10533 of 2015 ====================================================== Siyaram Sharma s/o Late Alakh Sharma, r/o village Mithapur, P.O. Lai, P.s. Bihta, District Patna.

.... .... Petitioner/s

Versus

1.The Union of India through the Secretary, Ministry of Defence, New Delhi.

2.The Chief of Air Staff, Vayu Bhawan, New Delhi-10. 3.The Air Officer Commanding in Chief Western Air Command, New Delhi.

4.The Air Officer Commanding, Air Force Record Office, Subroto Park, New Delhi-10.

5.The Air Officer Commanding, 28 Wing, Air Force Station, Hindon, P.O. Mahanagar, Ghaziabad (U.P.).

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) Mr. Anshay Bahadur Mathur C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 31-07-2015 Having regard to the fact that the petitioner is employed in Indian Air Force, his any and every grievance including those raised in this writ application has to be raised before the Armed Forces Tribunal as was held by a Division Bench of this Court in the case of Union of India vs Colonel, Sarat Chandra Mishra, reported in 2012 (2) PLJR 101, holding that such matter arising out of Armed Force Service initially will have to be filed/assailed before the Armed Forces Tribunal.

Patna High Court CWJC No.10533 of 2015 (2) dt.31-07-2015 That being so, this writ application is wholly misconceived and is, accordingly, dismissed.

Nothing said in this order, however, will come in the way of the petitioner in moving before the Armed Forces Tribunal for redressal of his grievance raised herein.

(Mihir Kumar Jha, J) surendra/- U