Ashok Kumar v. Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14038 of 2002 ====================================================== Ashok Kumar, No.14461990(W) Havildar, S/o Late Dasharath Pd. Yadav, 113 Field Regiment attached to 320 Field Regiment, resident of VillageLagar, P.O.- Lagar, Takish Khagaria, District- Khagaria (Bihar). .... .... Petitioner/s
Versus
1. Union of India through the Defence Secretary, Head Quarter, New Delhi.
2. The Lieutenant General, General Officer Commanding in Chief, Head Quarter, Eastern Command, Fort William, Calcutta-21.
3. Additional Director General, Discipline and Vigilance DV-3, adjacent General's Branch Army Headquarter, New Delhi.
4. The General Officer, Commanding, Eastern Command, Calcutta-21.
5. Sri Vikash Joshi Colonel, Commanding Officer, 320, Field Regiment, C/o 95 APO Eastern Command, Calcutta.
6. IC 34824 P. Colonel Kanja Babu Singha, 832 Light Regiment, Presiding Officer of General Court Martial, Eastern Command, Calcutta.
7. The members of General Court Martial, 320, Field Regiment, C/o 95 APO Eastern Command, Calcutta.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. None For the Respondent/s : Mr. Anjani Kumar Sharan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-09-2016 None appears on behalf of the petitioner. Mr. Anjani Kumar Sharan appears for the Central Government. The order-sheet reflects that upon constitution of the Armed Force Tribunal (hereinafter referred to as the 'Tribunal') under the Armed Force Tribunal Act, 2007 that this Court passed order on 2.4.2009 issued direction for return of the writ petition to enable the petitioner to prefer an appropriate application before the 'Tribunal'. Despite the order the counsel
Patna High Court CWJC No.14038 of 2002 (8) dt.01-09-2016 for the petitioner did not take steps for return of the writ petition and the matter was put up on 30.6.2016 when none appeared on behalf of the petitioner. The situation has not changed as even today there is no appearance on behalf of the petitioner while the counsel for the Union of India is present. Effectively by order dated 2.4.2009 this Court has disposed of the writ petition and thus the matter did not require to be posted again under any heading.
The writ petition as I have observed stood disposed of on 2.4.2009 itself and thus the records are hereby consigned. (Jyoti Saran, J) SKPathak/- U