Patna High CourtL.P.A/1483/2013dismissed

Lt. Col Brajesh Bahadur Singh v. The Union Of India And ORS

2017-02-28Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1483 of 2013 IN Civil Writ Jurisdiction Case No. 20027 of 2012 =========================================================== Lt. Col Brajesh Bahadur Singh Son Of Late Raj Deo Singh Presently Residing At 202 Shiv Shakti Apartment, Kankarbagh Colony More, Behind Krish Hundai Car Showroom, Ps- Kankarbagh, Po- Lohia Nagar In The District Of Patna .... .... Appellant

Versus

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

2. The Chief of Army Staff, Army Head Quarters, New Delhi

3. Controller of Defence Accounts (Officers), Golibar Maidan, Pune-1

4. Controller Of Defence Accounts (Pension) Draupti Ghat, Allahabad (U.P.)

5. Controller General of Defence Accounts Government of India, New Delhi

6. Adjutant General, Army Head Quarters, New Delhi

7. Senior Accounts Officer (Arch) Office of the Pr.C.D.A. (O), Golibar Maidan, Pune .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Gajendra Pratap Singh, Advocate For the Respondents : Mr. Anjani Kumar Sharan, C.G.C. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 28-02-2017 Delay of 70 days is condoned. I.A. No. 8159 of 2013 is allowed.

Since the learned single Judge has not committed any error in law by refusing to exercise discretion in view of the law which was put in place known as the Armed Forces Tribunal Act, 2007, and liberty has been given to the appellant to invoke the jurisdiction of such forum.The order of the learned single Judge does not require to be rectified as it does not suffer from any legal vice.

Patna High Court LPA No.1483 of 2013 dt.28-02-2017 2/2 Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.02.2017 Transmission Date N/A