IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11143 of 2007 Vijay Kumar Singh, S/o late Deep Narain Singh, resident of Vill. Babura, P.S. Barahra, Distt. Bhojpur. -------- Petitioner Versus 1. The Union of India through the Directorate Personnel and Co- ordination, Engineer-in-Chief’s branch at Kashmir House, Army Head quarter, D.H.Q. New Delhi-110011. 2. The Commanding Officer, 56-Engineer Regiment at 56-A.P.O. 3. The Commandant cum Record Officer, In-charge Bengal Engineer Group and Centre, Roorkee-247667 (U.P.). -------- Respondents ----------- 4 25.4.2011 No one appears on behalf of the petitioner. Counsel for the Union of India is present. From perusal of the materials on record, it would appear that while the petitioner, as with regard to his being removed from service of Indian Army Force on account of his being placed in Low Medical Category, had filed a separate writ application CWJC No. 13994 of 2004 for the purpose of grant of disability pension, he has also separately challenged the order of his release from service on the medical ground. In fact, once the petitioner has accepted his release on being found under Low Medical Category, there would be hardly any scope for assailing the decision of his being removed from Army service. Additionally, this Court would find that the 2 respondents have also taken a plea that such an impugned order was appealable in nature and the petitioner ought to have availed the statutory alternative remedy. There is no rejoinder to the said counter affidavit though a copy thereof was served to the counsel for the petitioner on 6.2.2008. That in effect would mean that the petitioner has approached this Court without availing the statutory alternative remedy. Thus, this Court would find no reason to interfere with the impugned order and this writ application is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)