S. B. SINHA, C. J.

( 1 ) THE petitioner in this application inter alia has questioned the vires of Sections 122 and 123 of the Army Act.

( 2 ) THE offices of the respondents are outside the jurisdiction of this Court. The only cause of action which is said to have arisen within the jurisdiction of this Court, as stated in paragraph 5 (c) of the writ affidavit, is service of the notice dated 18-3-1997, which reads thus:" (C) The initial cause of action having been arisen with the recall of the petitioner vide order No. 346103/ 36/a dated 24. November 1997 of the respondents herein served upon the. petitioner herein at his village Kodair, the: Kollapur, Dist. Mahaboobnagar (A. P.)".

( 3 ) SUCH service of summons on a witness to appear in a Court of inquiry, in our opinion, does not give rise to any cause of action, to question the order of punishment imposed upon him, particularly when at the relevant point of time, he was neither posted in the State of Andhra Pradesh nor was he charge sheeted; nor any disciplinary proceeding now before the Summary Court martial was held; nor the order of punishment was passed and communicated within the territorial jurisdiction of this court.

( 4 )

Click Here to Read the rest of this document