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Item No. 2 IN THE HIGH COURT OF MANIPUR AT IMPHAL
WP (C) No. 750 of 2025
Kundan Lal Pandey Petitioner Vs. Union of India; & 2 Ors. Respondents
BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
25.09.2025
[1] Heard Ms. Jusrene Risom, learned counsel appearing for the petitioner and Mr. Kh. Samarjit, learned DSGI assisted by Mr. Nongdamba, learned counsel appearing for the respondents. [2] At the outset, the learned DSGI raised objection regarding maintainability of the writ petition on 2 (two) grounds.
Firstly, it has been submitted by the learned DSGI that under section 14 of the Armed Forces Tribunal Act, 2007, the Armed Forces Tribunal has jurisdiction in relation to all service matters in respect of the Army personnel and as such, without approaching the Armed Forces Tribunal, filing of the writ petition before this High Court is not maintainable.
Secondly, the learned DSGI submitted that the present writ petition is premature inasmuch as the proposed action to be taken KABORA MBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2025.09.25 15:15:30 +05'30'
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against the petitioner is preliminary enquiry for collection of evidences for holding Court of enquiry and that the petitioner will be given opportunity to defend himself. [3] In view of the submission made above, this Court is satisfied that the present writ petition is not maintainable. Accordingly, the same is hereby dismissed.
JUDGE Sapana