IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19758 of 2010 Chandra Shekhar Kumar, S/o Sri Nageshwar Yadav (Ex-Sepoy), resident of Village Barandi, P.S. Rahui, District Nalanda. ------- Petitioner Versus 1. The Union of India. 2. Bihar Regiment Centre, Danapur Cant, Delta Company, 113 Batch through the Major. 3. The Major, Dandpal, Bihar Regiment Centre, Danapur Cant, Danapur, Patna. ---------- Respondents ----------- 7 23.06.2011 Having heard learned counsel for the parties, this Court is of the considered opinion that the preliminary objection raised by the learned counsel for the Union of India as with regard to the maintainability of this writ application, in the first instance, in presence of the statutory alternative remedy before Armed Forces Tribunal has to be upheld. This aspect of the matter has also been recently decided by a Division Bench of this Court by an order dated 9.5.2011 in LPA No. 223 of 2011 (Union of India & Ors. Vs. IC 38558Y Colonel Sarat Chandr Mishra). The Division Bench of this Court in the case of Colonel Sarat Chandr Mishra (supra) has held that the writ petitioner has to approach first the Tribunal before invoking power of judicial review of this Court at a later stage, if required as per law. 2 The apprehension of the learned counsel for the petitioner that such an application for the relief sought in this application will not be entertained by the Tribunal seems to be wholly misconceived, inasmuch as, the petitioner has in effect only sought a relief of declaration that termination of his service by the respondents was bad and illegal. If, therefore, the petitioner would seek the same declaration before the Tribunal that he still continues to be in service in absence of a valid order of termination of his service passed by the respondents, the Tribunal definitely will be required to look into this aspect as it has been vested with powers of examining entire service matter arising out of Armed Force Services. That being so, this writ application is disposed of with a liberty to the petitioner to approach the Tribunal for seeking appropriate remedy in accordance with law. Rsh (Mihir Kumar Jha, J.)