Karnataka High Court
Naik Sandesh Kumar vs Union Of India on 3 February, 2020
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION No.44165/2016 (S - RES)
BETWEEN :
NAIK SANDESH KUMAR (14664592K)
S/O OM DUTT,
AGED 33 YEARS,
AVIATION UNIT,
251 ARMY AVIATION SQN.,
MINISTRY OF DEFENCE,
C/O 56 APO, PIN 925251 ...PETITIONER
(BY Ms. NIYATHI M., ADV. FOR SRI UDAY SHANKAR R.M., ADV.)
AND :
1. UNION OF INDIA,
THROUGH SECRETARY
MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA,
SOUTH BLOCK,
NEW DELHI-110001
2. THE COMMANDING OFFICER
251, ARMY AVIATION SQN.,
PIN-925251, C/O 56APO.
3. THE EME RECORDS
SECUNDERABAD
PIN 9000453,
ANDHRA PRADESH. ...RESPONDENTS
(BY SMT.M.C.NAGASHREE, ADV.)
-2-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROCEEDINGS, FINDINGS AND PUNISHMENT AWARD DATED
21.04.2015 VIDE ANNEXURE-A OF THE R-2.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo seeking withdrawal of the writ petition with liberty to file the petition before the Armed Forces Tribunal, Delhi, since the petitioner is rendering services at Delhi.
2. The memo is placed on record.
3. Writ petition stands disposed of in terms of the memo with liberty to the petitioner to approach the Armed Forces Tribunal, Delhi. If such petition is filed within two weeks from the date of receipt of certified copy of the order, the same shall be considered by the -3- Armed Forces Tribunal, on merits without objecting to the period of limitation.
Sd/-
JUDGE Dvr: