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High CourtsSingle Bench(2012) 01 PAT CK 0031

Lt. Col. Harjit Singh vs The Union of India and Others

Patna High Court · Decided on 18 January 2012 · Citation: (2012) 3 PLJR 136

HON’BLE JUDGES
Shivaji Pandey, J
RESULT
Disposed Of
CASE NUMBER
CWJC No. 12343 of 1995 and CWJC No. 4813 of 1996

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Judgment

7 paragraphs · 362 words

Shivaji Pandey

1.

Heard Learned Counsel for the petitioner and Learned Counsel for the Union of India. The petitioner had filed this petition in the year 1995 and now in 2012, after lapse of more than 16 years, this case has been taken up in this Court. By the time there is a change in the law as earlier there was no Tribunal constituted for looking to the grievance of the persons like the petitioner, the Parliament has enacted the Armed Forces Tribunal Act, 2007 with a view to provide a separate forum for adjudication of grievance of personnels of the Armed Forces of three wings.

2.

In pursuance of the Act, the Tribunal has peen constituted at different places to adjudicate the dispute and to consider the grievance of the Armed Forces Personnel.

3.

The counsel for the petitioner and the counsel for the Union of India have pointed out that there is a provision under the Act namely Section 34 which provided that every suit or other proceeding pending in any courts including in High Court would stand transferred on the day of the constitution of a Trial Court sic-Tribu-nal ?). Of course, power of judicial review lies with the Hon''ble Supreme Court and High Court and as has been held by the Supreme Court, the power of judicial review is a part of basic structure of Constitution which cannot be taken away by any enactment of Act which has been decided in the case of L. Chandra Kumar Vs. Union of India and others, but for the present for adjudicating the grievance of the parties, let the case be transferred to Armed Forces Tribunal at Delhi with the agreement of the parties. this Court in similar situation in case of Union of India vs. Colonel Sarat Chandra Mishra L.P.A. No. 223/2011* transferred the case to Armed Forces Tribunal.

4.

Accordingly, this matter is transferred to the aforesaid Tribunal.

5.

It is expected that the aforesaid Tribunal will adjudicate the grievance of the petitioner and will pass an appropriate order.

6.

The office is directed to remit this file to Armed Forces Tribunal forthwith. Both the cases are disposed of.