Daib Dayal Pandey v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13042 of 2015 ====================================================== Daib Dayal Pandey son of late Mohan Pandey resident of Village- .. P.s Gaighat ,district Buxar ... ... Petitioner/s

Versus

1.

The Union Of India through the Director General of Artillery, Adjutant General Branch, Army Head Quarter, DHQ, New Delhi-110011. 2.

The General Officer Commanding in Chief ,Head Quarter ,southern Command ,Pune-1 3.

The General Officer Commanding in Chief ,Head Quarter , Western Command ,Chandi Mandir ,Pin-134107 4.

The Major ,Senior Records officer for OIC record top Khana Pin-908802 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nazir Alam, Adv.

For the Respondent/s :

Mr. Raj Kamal, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 14-12-2022 The petitioner assails action of the dismissal passed under Rules 14 of the Armed Forces Act, 2007. This Court would have no jurisdiction to entertain the writ petition challenging the dismissal order passed under Rules of Section 14 of the Armed Forces Act, 2007. The application ought to have been filed before the Armed Forces Tribunal, which has not been done.

The writ petition is wholly misconceived and is accordingly dismissed as not maintainable.

(Sanjeev Prakash Sharma, J) amit/- Item no.35 U