ZAHEER Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) By medium of this writ petition, petitioner has called in question order da ted 26th July, 2012, in TA No. 160 of 2011 arising out of SWP No.634/2009, made by Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as the Tribunal), on the grounds taken in the writ petition.

(2.) It appears that the petitioner had filed two writ petitions, bearing SWP Nos.181/2008 and 634/2009. During the pendency of SWP No.634/2009, the peti tioner has withdrawn SWP No.181/2008 unconditionally. SWP No.634/2009 was diarized by the Tribunal as TA No. 160/2011 which came to be dismissed vide impugned order. The writ petitioner, feeling aggrieved, has questioned the same by the medium of the instant writ petition along with order dated 30th May, 2008, which was the subject matter of writ petitions supra.

(3.) Petitioner has, in fact, invoked jurisdiction of the Tribunal in terms of Section 14 of the Armed Forces Tribunal Act, 2007 (for short Act of 2007). The Act of 2007 contains a self-contained procedure and, if any person is aggrieved by any order made by the Tribunal, he has a right of appeal in terms of Section 30 of the Act of 2007. The petitioner instead of taking recourse to the remedy of appeal as provided under Section 30 of the Act of 2007, has filed the instant writ petition which, on the face of it, is not maintainable.