SURJIT SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) A preliminary objection has been raised on behalf of the respondents that the petitioner had an alternative remedy to present a petition to the Central Government under Section 164(2) of the Army Act , against the finding and sentence imposed against the petitioner. The learned counsel for the petitioner has submitted that the petition under said section is not an efficacious remedy and it will be a mere formality for the petitioner to approach the Central Government. Moreover, he submits that the Central Government may not decide his petition under Section 164(2) of the Army Act for a pretty long time if the same is filed.

(2.) After hearing the learned counsel for the parties, I am of the opinion that in view of the points raised in this writ petition, it would be in the fitness of things that if a petition under the above quoted section is filed by the petitioner before the prescribed Authority taking all or any of the points raised in the present writ petition and the same be decided by the prescribed Authority by passing an appropriate speaking order.

(3.) Under the circumstances, it is directed that the petitioner will file the requisite petition under Section 164(2) of the Army Act before prescribed Authority within a fortnight from today. If it is to be routed through a particular authority, it may be done accordingly. On receipt of the petition, if any, the prescribed authority would decide the matter within four months thereof, after affording an opportunity of hearing to the petitioner. The petitioner would be at liberty to challenge any prejudicial order that may be passed by the prescribed Authority by way of amendment of the writ petition.