A.N.Varma, J. - (1.) The petitioner who was a Sepoy In the Indian Army having been declared a deserter, was tried by the Summary Court Martial at Bangalore. He having been found guilty of desertion, was dismissed from service vide order dated 18.12.1999 passed by the Commandant Officer, Headquarters, A.S.C. Wing (South), Bangalore, against the order of his dismissal he preferred a statutory complaint before the GOC-In-C, Southern Command, with a copy to the Chief of the Army. The said appeal was dismissed by the GOC-In-C, Southern Command at Pune vide its order dated 8.5.2000.
(2.) A preliminary objection has been raised by the Additional Standing Counsel, Central Government that as no part of cause of action arises within the territorial jurisdiction of this Court, therefore, the instant writ petition before this Court is not maintainable. In support of his argument the learned standing counsel placed reliance upon a Division Bench decision rendered by this Court in Ex. Sepoy (Driver/M.T.) Chabi Nath v. Union of India and Ors., 1999 Military Law Journal 24.
(3.) In opposition the learned counsel for the petitioner, Sri K. N. Mishra, submitted that in view of the fact that statutory complaint had been made to GOC-In-C, Southern Command with a copy to the Chief of the Army Staff, therefore, he has a right to file a writ petition against the impugned orders any where in India. In this connection he also placed reliance upon a decision rendered by this Court in Kailash Nath Tiwari v. Union of India and Ors. 2002 (1) AWC 673: 2002 (1) LBESR 367 (All). On the strength of the said decision he submits that against the decision taken by the Chief of Army Staff, a writ petition can be filed anywhere in India.;