Ali Amir (Ladakh Case) vs Union Of India And Ors on 24 June, 2025

Jammu & Kashmir High Court – Srinagar Bench

Ali Amir (Ladakh Case) vs Union Of India And Ors on 24 June, 2025

                                                                  Serial No. 130
                                                                  Suppl; Cause List.


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                          WP(C) 1429/2025 CM(3708/2025).


       ALI AMIR (LADAKH CASE).
                                                                ...Petitioner(s)
             Through:     Mr. Danish Yousuf, Advocate
                          Mr. Irfan Rasool, Advocate.
                                           VERSUS

       UNION OF INDIA AND ORS.

             Through:     Mr. T.M. Shamsi, DSGI with
                          Ms. Rehana, Advocate
                                                               ...Respondent(s)
CORAM:
   HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE.
                                   ORDER

24.06.2025

01. The petitioner has invoked the Writ jurisdiction of this Court under

Section 226 of the Constitution, questioning the legality of the order dated

25.04.2018 whereby the petitioner has been discharged from the service. The

petitioner has impugned the order of discharge on various grounds.

02. However, Mr. T.M. Shamsi, learned DSGI entered his appearance on

behalf of the respondents and has apprized the Court that the Armed Force

Tribunal, Srinagar Bench at Jammu has already been constituted under the

provisions of Armed Forces Tribunal Act, 2007. Therefore, the instant petition is

not maintainable and the petitioner is required to approach the Armed Forces

Tribunal for redressal of his grievance.

03. Heard and considered.

04. Confronted with this position, I have gone through the provisions of

Armed Force Tribunal Act, 2007, more particularly in terms of Section 33 of the

Act of 2007, there is exclusion of jurisdiction of the courts once the jurisdiction

of the Tribunal is extended in relation to the service matters falling within the

domain of Armed Forces Tribunal in terms of Act of 2007. Furthermore Section

34 of the Act of 2007 provides that all the pending proceedings before any court

including the High Courts or other authority immediately after the date of

establishment of the Tribunal stand transferred to the Tribunal, meaning thereby

that once the Tribunal is constituted and its jurisdiction is extended then as a

necessary corollary, the aggrieved person has to approach the Armed Forces

Tribunal, and the jurisdiction of the High Court cannot be invoked.

05. I am fortified in my view by the law laid down in Supreme Court in

the case titled as “Union of India Vs. Major General Shri Kant Sharma and

Anr“, reported in (2015), 6 SCC 773, wherein the Hon’ble Supreme Court has

held that when the remedy is available under the Armed Forces Tribunal Act, the

High Court should not entertain the petition(s).

06. In view of the statutory and efficacious remedy available and

particularly bar contained under Section 33 and 34 of the Act of 2007, I am not

inclined to entertain this Writ petition.

07. Accordingly, the instant Writ petition is dismissed with liberty to the

petitioner to avail appropriate remedy available under law.

(Shahzad Azeem)
Judge

SRINAGAR
24.06.2025.

Showkat Khan