1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.942 OF 2008 Col.A.D.Nargolkar .. Petitioner Vs. The Union of India & Anr. .. Respondents Mr.R.M.Agarwal with Mr.A.S.Gadkari for the petitioner Mr.R.B.Raghuwanshi, A.S.G. with Mr.K.S.Chandhari for respondent no. 1 to 4 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ A.A.SAYED, JJ A.A.SAYED, JJ. DATED : 4TH APRIL, 2008 DATED : 4TH APRIL, 2008 DATED : 4TH APRIL, 2008 P.C.: 1. We have gone through the pleadings in the petition, examined the matter and heard the learned counsel for the parties. 2. In so far as principles that this court can intervene in the matter by way of judicial review is concerned, it cannot be disputed, but we do not think that this is a fit case where this court should exercise its extra ordinary powers conferred 2 under Article 226 and 227 of the Constitution of India. 3. Furthermore, the petitioner is not left without remedy. It will be appropriate if the petitioner seeks alternate remedy available to him under section 27 of the Army Act and Rules. 4. The learned counsel for the petitioner submitted that this will directly affect the prospects of the petitioner and that further he will be loose his promotion to the rank of Brigadier. 5. The learned counsel for the petitioner has tried to impress upon us that the court of enquiry conducted in the matter was biased and that the officer holding the court of enquiry persuaded the complainant not to withdraw his complaint. 6. We do not think that this can be a ground to invoke our extraordinary Jurisdiction as in the statutory complaint/appeal, all these contentions can be raised. 3 7. We therefore, dismiss the petition with liberty to the petitioner to seek alternate remedy. Interim orders if any, passed by this court in the matter stands vacated. Petition is dismissed with liberty. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )