Giasuddin Sk v. Union Of India And ORS.

30.11.2021 Ct. No.23 (NB)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 13451 of 2021 Giasuddin Sk.

Vs.

Union of India & Ors.

Ms. Alotriya Mukherjee.

... for the petitioner.

Ms. Chandreyi Alam (Gupta), Ms. Runu Mukherjee.

... for the UOI.

It is submitted by the petitioner that the remedy of the petitioner can be more efficaciously be available from the Armed Forces Tribunal constituted under the Armed Forces Tribunals Act, 2007.

The writ petition stands dismissed as withdrawn with liberty to file afresh on the selfsame cause for the same reliefs as claimed in the instant writ petition, if permissible in law. In the event, the petitioner approaches the jurisdictional Armed Forces Tribunal within a period of two weeks from date, the time spent between 31st August, 2021 till date shall be considered to have been passed in perusing a litigation before a Court without jurisdiction.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of necessary formalities.

(Arindam Mukherjee, J.)