Badri Gosai v. The Union Of India And ORS

Patna High Court CWJC No.4065 of 2016 (4) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4065 of 2016 ======================================================

1. Badri Gosai son of Yogeshwar Gosai, resident of Village- Bishunpura, Police Station- Bishunpura (Danapur), District- Patna (Bihar). .... .... Petitioner/s

Versus

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

2. The Chief of Army Staff, General, Army Headquarters, Government of India, New Delhi.

3. The Defence Secretary, Army Headquarter, Government of India, New Delhi.

4. The Commanding officer, (Brigadior) Cdr. 73 Mtr. BIK Danapur, Military Camp, Patna.

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal, Adv. For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02-08-2017 Heard Mr. Pancham Lal Jaiswal, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Central Government Counsel.

Mr. Ram Anurag Singh learned Central Government Counsel raises preliminary objection with regard to the maintainability of the writ petition in view of the provisions underlying Section 35 of the Armed Forces Tribunal Act, 2007 which inter alia provides that an appeal against a final order of the Tribunal would lie before the Supreme Court.

Mr. Jaiswal learned counsel for the petitioner prays for disposal of the writ petition to enable the petitioner to take recourse to the remedy so available to him in law. The writ petition is disposed of accordingly. Bibhash/- (Jyoti Saran, J) U