KAILASH NATH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Sudhakar Pandey, learned advocate for the appellant and Sri Subodh Kumar, learned counsel for the respondents.

(2.) This special appeal is directed against an order of the learned single Judge dismissing the writ petition filed by the writ petitioner-appellant.

(3.) In the Instant case, the Chief of the Army Staff being the appellate authority had dismissed the appeal under the Army Act which was preferred by the writ petitioner. It may also be taken note of that the writ petition was filed in the year 1984 and dismissed only on the ground of territorial Jurisdiction in the year 1995. In this connection, we may refer to an unreported decision of the Supreme Court in C.A. Wo. 92 of 2001, Dinesh Chandra Gahtori v. Chief of Army Staff and Anr., decided on 19th January, 2001. wherein it has, inter alia, been held : 'The writ petition was filed in 1992. The impugned order was passed in 1999. This is a fact that the High Court should have taken into consideration. More importantly, it should have taken into consideration the fact that the Chief of Army Staff may be sued anywhere in the country. Placing reliance only on the cause of action, as the High Court did. was not justified."