Ramagia Baitha @ Ramadnya Baitha v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.105 of 2019 ====================================================== Ramagia Baitha @ Ramadnya Baitha Son of Late Sajan Baitha Resident of Village-Jalalpur Gurujwa, P.S. M.H. Nagar,Distt.-Siwan ... ... Petitioner/s

Versus

1.

The Union of India 2.

The Secretary,Ministry of Defence, Govt. of India, New Delhi 3.

The Chief of Army, staff Army Headquarter,New Delhi 4.

The Chief Engineer,H.Q.,Eastern Command,Engineers Branch, Fort Willian, Kalkata-700001 5.

The Gartison Engineer AF Bagdogra,Post Office Bagdogra Airport, Distt.- Dargeeling,West Bengal-73442 6.

The Controller General, Defence Account,CDA Building,Patna-800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-06-2020 Heard Mr. Umesh Kumar Mishra, learned counsel for the petitioner and Mr. Awadhesh Kumar Pandey, counsel for the Union of India.

Learned counsel for the Union of India has raised two objections firstly, the petitioner has come before this Court after 28 years of his dismissal which is barred by delay and laches and, secondly, a stand has been taken that already the Armed Forces Tribunal is functioning and submits that instead of approaching this Court, the petitioner should approached to the Armed Forces Tribunal.

Patna High Court CWJC No.105 of 2019(2) dt.16-06-2020 2/2 This Court finds that the objection raised by the Union of India is valid. Accordingly, this writ application, in the present form, is not maintainable before this Court and the same is dismissed with a liberty to the petitioner to approached to the Armed Forces Tribunal.

(Shivaji Pandey, J) rishi/- U