Karnataka High Court
Col Saurav Schimer vs Union Of India on 1 July, 2024
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NC: 2024:KHC:24495-DB
WA No. 356 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT APPEAL NO. 356 OF 2021 (S-RES)
BETWEEN:
COL SAURAV SCHIMER,
IC-52360L,
S/O. LATE COL AMAR CHAND SCHIMER,
AGED ABOUT 49 YEARS,
R/O. BG-01, ESTEEM ROYALE APARTMENTS,
NIRGUNA MANDIR LAYOUT,
ST BED, KORAMANGLA STAGE 1,
BANGALORE-560 034.
...APPELLANT
(BY SMT. ANKITA PATIL, ADVOCATE)
AND:
Digitally signed
by NANDINI R
1. UNION OF INDIA,
Location: High
Court of THROUGH THE SECRETARY,
Karnataka MINISTRY OF DEFENCE,
SOUTH BLOCK,
NEW DELHI-110 011.
2. THE CHIEF OF THE ARMY STAFF,
INTEGRATED HQ OF MOD (ARMY),
DHQ PO, NEW DELHI-110 011.
3. GENERAL OFFICER COMMANDING,
HQ K&K SUB-AREA,
-2-
NC: 2024:KHC:24495-DB
WA No. 356 of 2021
PIN-560 001,
C/O 56 APO
...RESPONDENTS
(BY SRI KUMAR M.N, CGC FOR CAVEATORS/R-1 TO 3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
22/02/21 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.13604/2020 BE ALLOWED AS PRAYED FOR AND THE
PRESENT WRIT APPEAL BE ALLOWED WITH COSTS
THROUGHOUT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
The appeal challenges the order of the learned Single Judge, whereby the learned Single Judge decided the writ petition filed by the appellant being WP.No.13604/2020 (S-RES), by stating in paragraph Nos.11 to 13, as under:
"11. Before approaching this Court in the said writ petition, the petitioner had filed an original application before the Armed Forces Tribunal at the Principal Bench at New Delhi in O.A No. 504/2020 questioning these very actions. The Armed Forces Tribunal on coming to know that the petitioner had preferred the earlier writ petition in W.P No. 11179/2020 had rejected the writ petition in view of the pendency of the aforesaid writ petition. None of these facts are stated in the memorandum of the present writ petition. It is in the statement of objections that the -3- NC: 2024:KHC:24495-DB WA No. 356 of 2021 respondent places on record all the earlier proceedings instituted by the petition.
12. This Court would hold its hands from making any observations with regard to the conduct of petitioner in filing writ petition, withdrawing the same, filing an application before the Tribunal and suppressing all that in the present petition. The present petition being rendered not maintainable in the light of the judgment of the Apex Court (supra), the petitioner will have to approach the Armed Forces Tribunal, which he had already approached on an earlier occasion.
13. Therefore, the writ petition is dismissed, reserving liberty to the petitioner to approach the Armed Forces Tribunal on the grievances that are agitated before this Court, if he so desires."
2. The only submission made by the learned counsel for the appellant is by conceding the fact that though the remedy for the appellant against the General Court Martial Proceedings shall lie before the concerned Armed Forces Tribunal but the appellant's right to approach this Court under Article 226 of the Constitution cannot be taken away.
3. We are unable to agree with this submission of the learned counsel for the appellant in view of the -4- NC: 2024:KHC:24495-DB WA No. 356 of 2021 judgment of the Supreme Court in the case of L. CHANDRA KUMAR V. UNION OF INDIA AND OTHERS1, wherein it is held that the original jurisdiction shall be of the Tribunal, in that case before Central Administrative Tribunal. The learned Single Judge is right in dismissing the petition and granting liberty to the appellant to approach the Armed Forces Tribunal in respect of grievance agitated in the writ petition.
The appeal is dismissed.
Sd/-
JUDGE Sd/-
JUDGE NR/-
List No.: 1 Sl No.: 151 AIR 1997 SC 1125