- (1.) Case called out in the revised list. Learned Counsel for the Petitioner is present. The Petitioner was holding the rank of Captain in the Indian Army at the relevant time.
(2.) As per the averments made in the writ petition, punishments were awarded to the Petitioner as a result of General Court Martial. The punishments awarded to the Petitioner were forfeiture of two years' service for the purpose of promotion and severely reprimanding the Petitioner. Statutory complaint of the Petitioner against the punishments awarded was rejected by the Chief of the Army Staff by the order dated 16.3.1999.
(3.) The present writ petition was, thereafter, filed by the Petitioner, inter alia, praying for quashing of the said order dated 16.3.1999. Thus; the subject-matter of the writ petition pertains to service matter in respect of the Petitioner, who was a member of the Armed Forces covered by the Army Act, 1950. In Dev Saran Mishra v. Union of India and Ors., 2010 3 ADJ 593(paragraphs 23, 24, 25, 26 and 27) a learned Single Judge of this Court has considered in detail the provisions of the Armed Forces Tribunal Act, 2007 (in short "the Act") in the light of various judicial decisions, and has held that in case the cause of action involved in a writ petition is such as falls within the jurisdiction of the Tribunal after enforcement of the Armed Forces Tribunal Act, 2007, such cause of action has to be adjudicated upon in the first instance by the Tribunal. It is only after the decision of the Tribunal, that the matter would come to the High Court under Article 226/227 of the Constitution of India.;