IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7442 of 2011 Mukesh Kumar Singh, son of late Raghunath Singh, resident of Village: Sadhpur, P.O. Jamanpura, P.S. Daudpur, District- Chapra (Bihar)………… Petitioner Versus 1. The Union of India through the Secretary, Ministry of Defence, New Delhi 2. Commanding Officer, Bihar Regimental Centre, Danapur (Bihar) 3. Central Commander, Bihar Regimental Central, Danapur, Bihar 4. Unit Commanding Officer, Unit No.3, Bihar Regiment Centre, Lalgarh, Jalan, Sri Ganga Nagar (Rajasthan) 5. The Adjutant, Unit No.3, Armed Wing of the Force, Lalgarh, Jalan, Sri Ganga Nagar (Rajasthan)… ………………Respondents ----------- For the petitioner: Mr. Anil Kumar For the UOI: Mr. Sahvind Kumar Sharma, CGC. ------------ 2. 28.4.2011 A defect has been pointed out by the stamp reporter that the application is not maintainable and may be filed before the Armed Forces Tribunal at Kolkata. Learned counsel for the petitioner submits that in view of Section 14 of the Arms Forces Tribunal Act, a writ application is not barred before this Court. There can hardly be any doubt that the jurisdiction of this Court under Article 226 to the Constitution cannot be barred by the Parliament or by any State Legislature. However, on existence of 2 alternative statutory remedy normally this Court does not exercise its jurisdiction under Article 226 of the Constitution barring exceptional cases. That does not appear to be so in the present matter and the only ground raised by learned counsel for the petitioner is that the petitioner being a Sepoy, may not be burdened with going to Kolkata to file his application. The said submission cannot be accepted. The writ application is accordingly dismissed with liberty to the petitioner to approach the Armed Forces Tribunal, Koklata. S.Pandey ( Ramesh Kumar Datta, J.)