( 1 ) THIS Special Appeal arises out of the order passed by learned Single Judge whereby he declined to exercise jurisdiction under Article 226 of the Constitution on The ground that this court has territorial jurisdiction in respect of an order passed by respondent No. 1 on a representation being made by the appellant Under Section 164 of the Army Act, 1950 (hereinafter referred to as the Act ).

( 2 ) THE facts of the case are that the appellant was charged of murder of Sipoy Driver Parvin kumar Under Section 69 of the Army Act read with 302 of Indian Penal Code by a General court Martial. He was sentenced to undergo imprisonment for life and was dismissed from service. The proceedings of the Genera) Court Martial were confirmed by the confirming authority and the appellant was sent to civil Jail at Katuwa, Tehsil Hira Nagar, Jammu from where he was subsequently transferred to Central Jail Naini, Allahabad on compassionate ground on the representation made by his wife.

( 3 ) THE appellant, after the order of sentence having been confirmed made a representation Under section 164 (2) of the Army Act to respondent No. 2. It was rejected by him on 10-6-1984. This ord