Sudhir Narain, J. - (1.) The question is as to whether this Court has jurisdiction to quash the order passed by the Commanding Officer, Air Force Station, Digaru district Kamarup (Assam) and the Air Force Officer Commanding-in-Chief, Headquarters, Eastern Air Command I.A.F.. Shillong.
(2.) Briefly stated the facts are that the petitioner was enrolled into Indian Air Force as Airman in the trade of Clerk Pay Accounts. Disciplinary proceedings were taken against him. The charge-sheet was submitted and he submitted the reply. The Commanding Officer. Air Force Station. Digaru. district Kamarup (Assam) sentenced the petitioner to rigorous imprisonment for a period of two years and dismissed him from service and reduced his rank. The petitioner presented petition under Section 161 (1) of the Air Force Act. 1950, to the Air Officer Commanding in charge. Headquarters Eastern Air Command. A.I.F. Shillong. He dismissed the petition but remitted to two months rigorous Imprisonment vide order dated 14.10.2000. He has presented a petition dated 16th October. 2000, addressed to the Chief of Air Staff Air Headquarter (VB). New Delhi, respondent No. 2 which is still pending. The petitioner has in the writ petition, sought to quash the orders passed by respondent Nos. 2 and 3 who are within the territorial jurisdiction of the State of Assam and Meghalaya. The relief claimed in the writ petition is as follows : (i) Issue a writ of certiofari quashing the entire proceeding of District Court Martial Including the Court of Inquiry. Summary of Evidence, the convening order and the judgment dated 11 August, 2000, passed by the District Court Martial convicting the petitioner and terminating the service of the petitioner and reducing him to ranks and the order dated 14th October. 2000. passed by the respondent No. 3 upholding the conviction and remitting the sentence by two months. (ii) Issue a writ of mandamus directing the respondents to reinstate the petitioner to Air Force Services as Corporal and pay the arrears of the back wages and to continue to pay the salary and other allowances month to month till he attains the age of su perannuation. (iii) Issue any writ, order or direction which this Hon'ble Court deemed fit and proper. (iv) Issue any writ, order and direction. (v) To call for record. (vi) To award the cost.
(3.) The learned counsel for the petitioner submitted that the petitioner was arrested on 21st December, 1998 at Air Force Station. Digaru, Assam. He was later on transferred to Civil Prison at Agra from Air Force Station Digaru and as he is confined in the prison at District Jail. Agra, this Court has jurisdiction to entertain the writ petition.;