Sgt Sadasukh Bishnoi vs The Union Of India
2021 Latest Caselaw 12031 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1587/2021

Sgt Sadasukh Bishnoi S/o Shri Danaram Bishnoi, Aged About 38 Years, Working As A Sergeant In 48 Wing, Air Force Station, Phalodi (Raj.)

----Petitioner Versus

1. The Union Of India, Through Its Secretary Of The Government Of India, Ministry Of Defence , New Delhi - 110011

2. The Chief Of The Air Staff, Air Headquarter, Vayu Bhawan, Rafi Marg, New Delhi - 110011

3. Air Officer Commanding - In - Chief, South Western Air Command, IAF Sector - 9, Gandhi Nagar, Gujrat - 382009

4. Station Commander, 48 Wing, Air Force Station, Pin 936848, C/o 56 APO

----Respondents

For Petitioner(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Mr. Mukesh Rajpurohit, ASG

JUSTICE DINESH MEHTA

Order

02/08/2021

1. By way of the present writ petition, the petitioner has

challenged the order dated 08.01.2021, passed by the Regional

Bench of Armed Forces Tribunal.

2. Mr. Mahaveer Bishnoi, learned counsel for the petitioner

submits that in light of judgment of Hon'ble the Supreme Court

rendered in Balkrishna Ram Vs. Union of India & Anr. (Civil Appeal

No.131/2020) dated 09.01.2020, the order passed by the Armed

Forces Tribunal is amenable to writ jurisdiction of High Court under

Article 226/227 of the Constitution.

(2 of 2) [CW-1587/2021]

3. The aforesaid judgment is based upon the enunciations

made in judgment of L. Chandra Kumar Vs. Union of India & Ors.

(1997) 3 SCC 261, wherein it was held that a writ petition would

be maintainable and the same would lie before the Division Bench.

4. In this view of the matter, the present writ petition is

required to be heard by the Division Bench of this Court.

5. Office to list the same before the Division Bench.

6. Learned counsel to furnish additional set of paper-book

within a week.

(DINESH MEHTA),J 15-Ramesh/-

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