IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12443 of 2011 Md.Mirajul Haque Mollah, son of Khodabaksh Mollah, resident of village Debpur purba Para, police Station- Beldanga, Murshidabad(West Bengal) …Petitioner Versus 1. The Union of India through the Secretary, Ministry of Defence, New Delhi 2. Major General, General Officer Commanding, Madhya Bharat Area, Jabalpur 3. Major, AAG(Legal for G.O.C. Head Quarter, Madhya Bharat Area, Jabalpur 4. General Officer, Commanding Bihar, Area 5. The Officer, Commanding Bihar, Area 6. The Colonel, Commanding Officer No.1, Training Battalion(At) Army Service Corps Centre(North) P.O. Pahorpore, District Gaya, Bihar 7. The Captain Adjt. D.O.M. No.1 Training Battalion(At), Army Service Corps Centre(North) P.O. Paharpore, Gaya. …respondents ----------- 02. 02.08.2011 The matter has been listed under the heading ‘for orders’ pointing out the maintainability of the application in this court. Heard learned counsel for the petitioner and learned Assistant Solicitor General for the Union of India. Petitioner is a member of the Armed Forces. He is governed by the Army Act and the Rules framed thereunder. Challenge in this application is to the order dated 10.06.2010 (Annexure-10) as also the order dated 17.9.2005 (Annexure-6). By Annexure-10, the appeal of the petitioner was rejected. Learned counsel for the Union of India states that in view of the constitution of Tribunal under the Armed Forces Tribunal Act, 2007, the petitioner has remedy before the said 2 Tribunal. It is also contended that this issue has been decided by a Division Bench of this Court in LPA no.223 of 2010. Learned counsel for the petitioner, in that view of the matter, seeks permission to withdraw this application in order to prefer appropriate application before the said Tribunal against the order contained in annexure-10. If any such application is preferred within four weeks, I am sure the Tribunal shall consider and dispose of the said application on its own merit in accordance with law keeping in focus the fact that that the petitioner had been bona fidely pursuing the present writ petition in this Court. hr ( Kishore K. Mandal )