Sonu Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4338 of 2018 ====================================================== Sonu Kumar, aged about 26 years, Son of Vinod Kumar Singh, Resident of VillageP.O.- Dhelhari, P.S./Revelganj, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Commandant Office, Training Academy, Gaya, Bihar. 3.

4.

The Deputy Commandant Officer Training Academy, Gaya, Bihar. The Chief Instructor Officer Training Academy, Gaya, Bihar The Executive Director, Officer Training Academy, Gaya, Bihar. The Establishment Officer, Officer Training Academy, Gaya, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate Mr. Priya Ranjan Singh, Advocate Mr. Pramod Jha, Advocate For the Respondent/s :

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

Mr. Kumar Priya Ranjan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 26-04-2022 Heard learned counsel for the parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this is an application for issuance of writ(s), order(s), direction(s) for quashing of order dated 20/7/2017 issued

Patna High Court CWJC No.4338 of 2018 dt.26-04-2022 2/3 by the Major General Officer Training Academy, Gaya by which petitioner has been removed from the post of 'CADET ORDERLY' and for quashing of the order dated 30/8/2017 by which order of removal has been affirmed by the Col Administrative Officer Training Academy, Gaya, Bihar.

And for issuance of direction to reinstated the petitioner on his post with all consequential service benefits.

And/Or Pass such other order(s) as your Lordships may deem fit and proper."

3. Undisputedly, the petitioner's grievance is required to be redressed under the Armed Forces Tribunal Act read with relevant Rules before the jurisdictional Arms Tribunal constituted under the Armed Forces Tribunal Act, 2007. In the light of these facts and circumstances, the present petition stands disposed as not maintainable, however, if the petitioner approaches the jurisdictional forum, the jurisdictional forum is hereby directed to take note of the time spent by the petitioner in the present petition in terms of Section 14 of the Limitation Act if petitioner files any application for condonation of delay in questioning the validity of the impugned order before the Armed Forces Tribunal.

Patna High Court CWJC No.4338 of 2018 dt.26-04-2022 3/3

4. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) ( Rajeev Ranjan Prasad, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 28.04.2022 Transmission Date