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Punjab-Haryana High Court

Prince Pal Singh vs Union Of India And Others on 31 August, 2021

Author: Rajbir Sehrawat

Bench: Rajbir Sehrawat

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH
122
                                   *****
                           =================
                           IN VIRTUAL COURT
                           =================
                                                          CWP No. 9092 of 2021
                                                      Date of decision : 31.8.2021

Prince Pal Singh                                                    ......Petitioner
                                         Vs.
Union of India and others                                         ......Respondents


CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT


Present :    Mr. Tarun Singhal, Advocate, for the petitioner

             ---

Rajbir Sehrawat, J. (Oral)

This petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus, directing respondents No. 1 to 3 to reinstate the petitioner back in service and permit him to join his services. Further prayer of the petitioner is to direct respondents No.1 to 3 to decide his representation dated 22.3.2021.

Notice of motion.

Mr. Gaurav Pathak, Central Government Counsel, accepts notice on behalf of the respondents and submits that the petitioner had been a deserter under the provisions of the Army Act. Hence, he has been discharged from the service. Counsel has further submitted that in such a situation, the appropriate authority before whom the petitioner could have approached, is the Armed Forces Tribunal.

In view of the above, this Court does not find it appropriate to interfere in the matter.

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However, the petitioner would be at liberty to avail any other alternate remedy, but in accordance with law.




                                                    (RAJBIR SEHRAWAT)
                                                          JUDGE
31.8.2021
Ashwani

            Speaking/Reasoned          :      Yes/No
            Reportable                 :      Yes/No




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