Sonu Kumar vs The Union Of India And Ors
2022 Latest Caselaw 2384 Patna

          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. The Deputy Commandant Officer Training Academy, Gaya, Bihar.

4. The Chief Instructor Officer Training Academy, Gaya, Bihar 5 The Executive Director, Officer Training Academy, Gaya, Bihar. 6 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

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

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