LAWS(UTN)-2011-11-75

RAMESH SINGH Vs. UNION OF INDIA AND ANOTHER

Decided On November 04, 2011
RAMESH SINGH Appellant
V/S
UNION OF INDIA AND ANOTHER Respondents

JUDGEMENT

(1.) THE petitioner was enrolled in the Indian Army on 3.1.2002 and was discharged from service on 26.3.2002 on medical grounds. It is this order which has been challenged by the petitioner by means of the present writ petition.

(2.) ALL the same, after the promulgation of the Armed Forces Tribunal Act, 2007, in terms of Section 34 of the Armed Forces Tribunal Act, 2007 all such proceedings, inter alia, pending before a High Court, which would have fallen within the jurisdiction of a Tribunal, had such proceeding arisen after the establishment of the Armed Forces Tribunal, are mandatory to stand transferred to the Armed Forces Tribunal on the date on which the Tribunal was constituted. Section 34 of the Armed Forces Tribunal Act, 2007 is being reproduced hereunder:

(3.) IN view of the above, the Registry is hereby directed to transfer the records of the present case in accordance with Section 34 of the Armed Forces Tribunal Act, 2007 to the Armed Forces Tribunal, near Governor House, Rafi Ahmad Kidwai Marg, Lucknow for its disposal.