AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner seeks issuance of a writ of mandamus to the respondent No.2/Chief of Air Staff, Air HQ (Vayu Bhavan), directing him to dispose of
his Redressal of Grievance application dated 05.6.2017 and an application dated 19.6.2017 [Annexure P-1 (colly)].
Learned counsel for the petitioner states that while the aforesaid applications submitted by the petitioner were still pending disposal by the
respondent No.2, in the meantime, the respondent No.4 awarded a punishment of severe reprimand to the petitioner, on 23.8.2017.
Pertinently, the order dated 23.8.2017 is not record. Further, the said order has been passed against the petitioner, who is posted at Air Force
Station, Naliya, Gujarat by his Commanding Officer, who is also posted at the same place.
Learned counsel for the petitioner states that he had submitted an RTI application dated 21.8.2017, for obtaining a copy of the charge sheet and the
punishment, which is pending. We may note that the records before us do not substantiate the said submission. In any event, the cause of action in
respect of the subsequent charge sheet and the punishment awarded against the petitioner on 23.8.2017, has not arisen in the territorial jurisdiction of
this Court and the petitioner should have approach the competent court vested with territorial jurisdiction for relief against the punishment awarded to
him on 23.08.2017.
Accordingly, we deem it appropriate to confine the relief in the present petition only in respect of prayer (a) by directing the respondent No.2 to
consider and decide the Redressal of Grievance application dated 5.6.2017 and the application dated 19.6.2017 submitted by the petitioner, within two
weeks from today under written intimation to him. If aggrieved thereby, the petitioner may seek legal recourse, as may be available to him.
Liberty is granted to the petitioner to approach the competent court vested with territorial jurisdiction in respect of prayer (b) made in the present
petition.
The petition is disposed of along with pending application.