CM-10228-CWP-2020 Application is allowed as prayed for. Written statement filed on behalf of the respondents is taken on record.

CM-11647-CWP-2020 Application is allowed as prayed for. Rejoinder in response to the written statement filed on behalf of the respondents is taken on record.

Main case The prayer made in the present writ petition is for quashing the order declaring the petitioner as Deserter/Absentee without leave, issued by respondent No.3 vide its letter No.3814 Phillora dated 22.06.2019 (Annexure P-15).

A perusal of the paper book shows that prayer of the petitioner is for setting aside the orders passed by the authorities whereby the For Subsequent orders see RA-CW-118-2021 Decided by HON'BLE MR. JUSTICE RAJBIR SEHRAWAT 1 of 4 ::: Downloaded on - 05-06-2021 11:45:16 ::: CWP No.3907 of 2020 (O&M) -2- petitioner has been declared to be a deserter. It is not even disputed that as of today petitioner is no more in service. As per Section 3(o) of the Armed Forces Tribunal Act, 2007, all service matters are required to be adjudicated upon by the Armed Forces Tribunal in the first instance. Section 3(o) of the Armed Forces Tribunal Act, 2007 is reproduced as under:

2 of 4 ::: Downloaded on - 05-06-2021 11:45:17 ::: CWP No.3907 of 2020 (O&M) -3- punishment is of dismissal or imprisonment for more than three months; "

3 of 4 ::: Downloaded on - 05-06-2021 11:45:17 ::: CWP No.3907 of 2020 (O&M) -4- Since the petitioner is having a statutory remedy, therefore, this Court does not deem it appropriate to interfere in the present petition; at this stage.

Hence the present petition is dismissed.

For Subsequent orders see RA-CW-118-2021 Decided by HON'BLE MR. JUSTICE RAJBIR SEHRAWAT 4 of 4 ::: Downloaded on - 05-06-2021 11:45:17 :::