MAJOR VIKAS KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two writ petitions, the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 24.02.2012 Annexure 'Q', rejecting the request of the first petitioner for discharge from Indian Army. First petitioner was commissioned into Corps of Signals in the Indian Army on 24.06.2000. He desired and decided to marry the second petitioner, a citizen of Sri Lanka. Accordingly, the petitioner made a request to the respondents to permit him to marry the second petitioner. The respondents by their order dated 19.09.2011 rejected the request of the petitioner on the ground that the second petitioner refused to renounce her citizenship of Sri Lanka. Aggrieved by this order dated 19.09.2011, the petitioners approached this Court in W.P. No. 42998/2011 and W.P. No. 43760/2011. On contest, this Court vide Order dated 07.12.2011 allowed the writ petition, set-aside the order dated 19.09.2011 and remanded the matter to the respondents for reconsideration in accordance with law and also keeping in view, the observations made in the said order. On remand from this Court, the respondents have now passed the impugned order at Annexure 'Q', again rejecting the request of the petitioners. Hence, this writ petition.

(2.) Heard the arguments on both side and perused the entire writ papers.

(3.) Sri. Kalyan Basavaraj, learned Additional Solicitor General for the respondents contend that under Armed Force Tribunal Act, 2007, there is a bar for this Court to entertain the impugned order Annexure 'Q' which relates to service condition of first petitioner.