JUDGMENT N. Paul Vasanthakumar; CJ.-- 1. This Appeal is preferred against the order of the learned Single Judge dated 30.04.2001 made in SWP No. 1242 of 1995 wherein the 1st respondent had challenged the conviction issued by the Court Martial, imposing rigorous imprisonment of five months and consequent dismissal from service. 2. As against the said order, statutory appeal was filed by the 1st respondent on 01.01.1995 and copy of memo of appeal has been annexed with the writ petition filed by the 1st respondent before this Court. In the objections filed by the appellant before the Writ Court, it is stated that the writ petition is misconceived and premature as the writ petitioner has not exhausted the departmental remedy of appeal available to him under the Army Act. 3. Since the appeal memo is available on record which was also filed with the writ petition, the order of the learned Single Judge is set aside with a direction to the appellate authority to decide the appeal of the 1st respondent dated 01.01.1995 within three months from today, after affording opportunity of hearing to the 1st respondent. 4. No costs.