No. 14353983-W Ex Naik (Opr) Shiv ... vs Armed Forces Tribunal,Regional ...
2021 Latest Caselaw 10951 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SERVICE BENCH No. - 18589 of 2021
 

 
Petitioner :- No. 14353983-W Ex Naik (Opr) Shiv Nath Singh
 
Respondent :- Armed Forces Tribunal,Regional Bench Lko Thru Registrar &Ors
 
Counsel for Petitioner :- Ved Prakash Pandey,Kamal Kumar Singh
 
Counsel for Respondent :- A.S.G.
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

1. Notices on behalf of respondents have been accepted by Mr. Varun Pandey, Advocate.

2. Heard learned counsel for the petitioner as well as Mr. S.B. Pandey, learned Senior Counsel assisted by Mr. Varun Pandey, Advocate.

3. This second writ petition has been filed by the petitioner against the order dated 1st March, 2017 passed by the learned Armed Forces Tribunal, Regional Bench, Lucknow. Earlier, the petitioner approached this Court by way of filing Writ Petition No.19254 (S/B) of 2018, which was dismissed vide order dated 6th July, 2018 with liberty to the petitioner to approach the Supreme Court. However, in spite of approaching the Supreme Court, the petitioner has filed this writ petition again after the judgment of the Supreme Court, jurisdiction has been conferred upon the High Court to entertain the writ petition against the judgment and order passed by the Armed Forces Tribunal.

4. We fail to understand as to how this second writ petition, in the given facts of the case, would be maintainable, particularly, when the punishment order is of the year 1999, and the application filed by the petitioner before the Armed Forces Tribunal was dismissed vide order dated 1st March, 2017.

5. The writ petition is, accordingly, dismissed.

.

[D.K. Singh, J.] [R.R. Awasthi, J.]

Order Date :- 26.8.2021

MVS/-