IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11346 of 2011 Biteshwar Singh son of Shiv Adhar Singh, resident of Village- Kewata, Police Station-Bihinya, Bhojpur …Petitioner Versus 1. The Union of India through the Chief of Army. 2. The Chief of Army, C.G.O. Complex, Lodhi road, New Delhi 3. The Battalion Commandant, 5003 A.S.C. Battalion, Dinapur, Nagaland. 4. The Centre Commandant, A.S.C. Centre, North Paharpur, Gaya(Bihar). 5. The Senior Record Officer, Sena Seva Gorps, Abhilekh, A.S.C. Records A.T., Paharpur, Gaya. …Respondents For the petitioner :Mr. Manish Kumar No.2 For the Union of India :Mr. Kumar Priya Ranjan ----------- 02. 14.07.2011 Counsel for the petitioner and respondent-Union of India are present. An affidavit on behalf of the respondents in the shape of preliminary objection has been filed which is taken on record. Heard. Petitioner raises a grievance with respect to the order of discharge dated 11th November, 1994 (Annexure-1) as well as the appellate order dated 28th January, 2011 (Annexure-2), whereby the appeal preferred by the petitioner was disposed of. Learned counsel for the respondents points out that petitioner has an alternative remedy before the Armed Forces Tribunal (hereinafter referred to as ‘the Tribunal) which has already been constituted under the Armed Forces Tribunal Act, 2007. It is submitted that this Court in LPA No. 223/11 (Union of India & Ors. Vs. IC 38558Y Colonel Sarat Chandra Mishra & Ors.) has taken a view that if the petitioner has statutory 2 remedy, then he should first ventilate his grievance(s) before the said forum/tribunal. In view of ratio laid down in the case of Union of India & Ors. Vs. IC 38558Y Colonel Sarat Chandra Mishra & Ors. (Supra), this Court also holds that petitioner has alternative remedy before the Tribunal and, as such, he may first avail the said remedy before the Tribunal. Accordingly, the application is dismissed with liberty aforesaid. hr ( Kishore K. Mandal )