K.M. Joseph, J When this matter was taken up, learned counsel for the petitioner would submit that in the light of the order passed by the Supreme Court against the judgment of this court, reported in [2010(4) KLT 611] Joby Varghese v. Armed Forces Tribunal, the petitioner may be permitted to withdraw the Original Petition without prejudice to pursue the remedy as vouchsafed for him under the order of the Supreme Court. 2. Sri. K.M. Jamaludheen learned counsel for the respondent would submit that even a petition under Article 226 cannot be maintained in view of the fact that the order impugned is one passed under section 15 of the Armed Forces Tribunal Act. We are not going into the said question and we leave it open. That is a question which is open to the respondent to urge if and when the occasion arises.
3. Accordingly, we allow the request of the petitioner to O.P(AFT)3/14 2 withdraw the Original Petition with liberty. Consequently the Original Petition (AFT) stands dismissed as withdrawn without prejudice to the right of the petitioner to file a fresh petition.
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K. M. JOSEPH, JUDGE Sou.
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A.K.JAYASANKARAN NAMBIAR, JUDGE.
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