- (1.) WE have heard Col. Ashok Kumar assisted by Sri Rohit Kumar, learned Counsel appearing for the Appellant, Sri R.B. Singhal, learned Assistant Solicitor General of India assisted by Sri S.K. Rai, learned Counsel for the Respondents and Sri S.P. Gupta, learned Senior Advocate assisted by Sri Manish Goel, as Amicus Curae.
(2.) BY this intra court appeal the Appellant has sought to challenge the judgment and order of the learned Single Judge dated 12.8.2002 passed in Civil Misc. Writ Petition No. 32319 of 2002 filed by the Petitioner seeking a direction in the nature of Mandamus commanding the Chief of the Army Staff, New Delhi to examine the grievance of the Petitioner brought out in the statutory complaint made by the Petitioner therein and dispose of the same by a reasoned order within a time frame. The learned Single Judge while considering the said prayer of the writ Petitioner, declined to grant any indulgence on the ground that the relief claimed by the Petitioner has already been adjudicated upon by the Gujarat High Court in a writ petition filed by the Petitioner himself being Special Civil Application No. 4236 of 1996 before that High Court, and thus, dismissed the writ petition.
(3.) HENCE the Special Appeal.;