High Court of Judicature at Allahabad
Case Law Search
Ex Sepoy (Washerman) Ram Khilavan & Others v. Union Of India - WRIT - A No. 32914 of 1993  RD-AH 12438 (20 July 2007)
Hon'ble Vineet Saran, J.
Heard Sri Indra Prasad Yadav, learned counsel for the petitioner as well as Sri N.P.Shukla, learned counsel appearing for the respondents.
The petitioner is aggrieved by the order of discharge from the Army service on medical ground. A preliminary objection has been raised by Sri N.P.Shukla, learned counsel for the respondents that the petitioner has an alternative remedy of filing an appeal under section 26 of the Army Act, 1950 before the next Superior Officer.
Admittedly, against the said order no appeal has not been filed by the petitioner. Considering the fact that the petitioner has filed this writ petition immediately thereafter in the year 1993 itself which is pending since long and also considering the fact that disputed questions of fact have been raised which can only be decided in appeal, with consent of learned counsel for the parties, this writ petition is disposed of finally with the direction that in case if the petitioner files an appeal before the Competent Officer within one month from today alongwith a certified copy of this order, the same shall be heard and decided, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of filing of the same without taking any objection with regard to delay.
With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to cost.
Double Click on any word for its dictionary meaning or to get reference material on it.