IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7279 of 2011(H) ------------------------------------ PETITIONER(S): ------------------------ ABHINANDAN KUMAR,NAVAL ARICRAFT MECHANIC IST CLASS NO.210530B, AIR ENGINEERING DEPARTMENT, INS GARUDA,NAVAL BASE COCHIN 682 004. BY ADV. SRI.C.S.ULLAS RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REP.BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 110001 2. THE CHIEF OF THE NAVAL STAFF, INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE, NEW DELHI.110001 3. THE FLAG OFFICER COMMANDING IN CHIEF HEADQUARTERS, SOUTHERN NAVAL COMMAND,KOCHI-682 004 4. THE COMMANDING OFFICER,INS GARUDA, NAVAL BASE, KOCHI 682 004. BY ASSISTANT SOLICITOR GENERAL SRI. P. PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT S. SIRI JAGAN, J. ------------------------------- W.P.(C).No. 7279/2011 --------------------------------------- Dated this the 9th March, 2011 J U D G M E N T The petitioner was a sailor in the Indian Navy. A punishment was imposed on the petitioner after disciplinary proceedings. The petitioner filed an original application before the Armed Forces Tribunal, Kochi, challenging the punishment. That was dismissed on two grounds. One is that the Tribunal has no jurisdiction in view of Sec. 3(o) of the Armed Forces Tribunal Act, and the other is that the petitioner had not exhausted his remedy by way of representing before the higher authorities. Pursuant to the same, the petitioner has filed Ext. P4 petition before the 2nd respondent. The petitioner now seeks a direction to the 2nd respondent to consider and pass orders on Ext.P4. He also seeks a direction to the 2nd respondent to consider the fact that by Ext. P7, a similarly situated person had been given benefits. 2. I have heard the Assistant Solicitor General also. 3. Having heard both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext. P4 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. It would be open to the petitioner to rely on Ext.P7 or any other document in support of the claims of the petitioner and the 2nd respondent shall consider the applicability of the same to the petitioners case also while passing orders on Ext.P4. S. SIRI JAGAN JUDGE smt