Court No. - 5
Case :- WRIT - A No. - 8549 of 2019 Petitioner :- Ravindra Kumar Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Mool Chandra Maurya,Girish Chandra Maurya Counsel for Respondent :- A.S.G.I.,Gaurav Kumar Chand Hon'ble Ashok Kumar,J.
Heard Sri Mool Chandra Maurya, learned counsel for the petitioner and Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Gaurav Kumar Chand, Advocate.
This writ petition has been filed with the prayer to issue a mandamus directing the respondent no.2, the Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Near Sadar Bazar, Allahabad to pass appropriate orders in appeal dated 8.9.2001 preferred by the petitioner. No other relief is sought by the petitioner.
On the request of learned Additional Solicitor General of India the case was adjourned on 27.5.2019. The Additional Solicitor General of India has placed a copy of the letter dated 28.5.2019 issued by the office of respondent no.2, the Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Near Sadar Bazar, Allahabad by which the Senior Account Officer has informed Major Sonia, OI/C Legal Cell, HQ Purva UP & MP Sub Area, Pin-900479 C/0 56 APO that the appeal filed on 8.9.2001 has been decided by the appellate committee and vide letter dated 25.3.2003 the order of the appellate committee was communicated to the petitioner. The letter dated 28.5.2019 further indicates that the petitioner was conveyed individually that in case if the petitioner is not satisfied with the decision of the appellate committee the petitioner may prefer second appeal to the appellate committee on second appeal that is to Defence Ministers Appellate Committee within a period of six months.
Admittedly, the period of six months expired long back in 2004.
In view of the above facts and that the present writ petition is filed after a gap of more than 15 years and further that the alternative remedy was available to the petitioner to file second appeal, this writ petition is dismissed. No case is made out under Article 226 of the Constitution of India.
Order Date :- 29.5.2019 S.S.