KOL. NIKHIL PAREEK. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner filed this writ petition for issuance of a writ prohibiting the respondents from giving any effect to the order dated June 23, 2022 and the further order dated June 29, 2022 until a decision is taken by the Armed Forces Tribunal, Kolkata Bench.

(2.) The learned Advocate for the petitioner draws the attention of the Court to a letter dated June 23, 2022 annexed at page 51 of the writ petition and submits that the petitioner was directed to be physically present on July 4, 2022 in connection with further investigation. On a query made by this Court, learned Advocate for the petitioner submitted that the petitioner is physically present before the concerned authority today, i.e. on July 4, 2022 pursuant to the said letter dated June 23, 2022.

(3.) The grievance of the petitioner is that the Armed Forces Tribunal is not regularly functioning and as such, the petitioner has approached this Hon'ble Court under Article 226 of the Constitution of India as, according to the petitioner, he can avail of the extraordinary writ jurisdiction of this Court as the Tribunal has not taken up the Original Application filed by him and the Tribunal is also not functioning.