Arvind v. Union of India and 2 Others

Court No. - 34 Case :- WRIT - A No. - 19384 of 2023 Petitioner :- Arvind Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Mishra Hon'ble Ajit Kumar,J. Petitioner who has retired as Hawaldar has questioned the recovery on the ground that in view of law laid down by the Supreme Court in the case of State of Punjab v. Rafiq Masih, 2015 (4) SCC 334 later on followed by Thomas Daniel v. State of Kerala and Others, AIR 2022 SC 2153, recovery cannot be sustained in law. Learned counsel for the respondent Sri A.K.Mishra, submits that the the matter is cognizable by Armed Force Tribunal under the Armed Forces Tribunal Act, 2007. Learned counsel for the petitioner could not dispute the above legal position. In view of above, I decline to entertain this petition at this stage. Liberty rests with the petitioner to apply before the Tribunal, if so advised. With the aforesaid liberty, this writ petition is consigned to records. Order Date :- 6.12.2023 Sanjeev High Court of Judicature at Allahabad