NANAK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and Dr. Ashok Nigam, Additional Solicitor General of India assisted by Shri I.H.Farooqui, Assistant Solicitor General of India.

(2.) WRIT Petition under Article 226 of the Constitution of India has been preferred by the petitioner against the order dated 19.5.2010 passed by the Armed Forces Tribunal, Regional Bench, Lucknow in Transfer Application No. 14 of 2010 as contained in Annexure No. 2 to the writ petition.

(3.) PETITIONER's counsel relied upon the cases in Minerva Mills Ltd. and others v. Union of India and others, (1980) 3 SCC 625; Union of India and others v. Pratibha Bonnerjea and another, (1995) 6 SCC 765; S.P Sampath Kumar v. Union of India and others, (1987) 1 SCC 124; Delhi Judicial Service Association v. State of Gujarat and others, (1991) 4 SCC 40; M.B. Majumdar v. Union of India, (1990) 4 SCC 501 and Kihoto Hollohan v. Z. Achillhu and others, 1992 Supp. (2) SCC 651. It is submitted that the right of the petitioner to approach this Court under Article 226 of the Constitution of India co-relate to basic structure of the Indian Constitution and litigant cannot be prevented to approach this Court because of the availability of statutory and alternative remedy.