Narsingh Yadav Petitioner v. Union Of India & 2 Ors. S

Heard learned counsel for the parties.

By means of the present petition, the petitioner is challenging the order of the Division Bench of the Armed Forces Tribunal, Regional Bench, Lucknow, dated 23rd September, 2011, deciding the Original Application No. 235 of 2010 finally.

Sri R.B Singhal, learned Assistant Solicitor General of India, assisted by Ms. Jyotsana Srivastava, appearing on behalf of the respondents, submitted that against the impugned order, Appeal lies, under Section 31(1) of the Armed Forces Tribunal Act, 2007 before the Apex Court and, therefore, the writ petition is not maintainable. Reliance is being placed on a Divison Bench's decision of this Court in the case of Surendra Bahadur Singh v. Armed Forces Tribunal, reported in 2012 (3) ADJ.

We have perused the decision of the Division Bench of this Court. Under Section 31(1) of the Armed Forces Tribunal Act, against the final order passed by the Armed Forces Tribunal, the Appeal lies before the Supreme Court. The Division Bench of this Court, referred hereinabove, has held that since Appeal lies before the Apex Court against the final order of the Armed Forces Tribunal, under Section 31(1) of the Act, the writ petition is not maintainable.

In view of the above, the writ petitoin is dismissed as not maintainable.