DEVI SARAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition, subject matter of challenge is the order passed in summary court martial proceeding, wherein sentence has been awarded to the petitioner to serve rigorous imprisonment for six months and to be dismissed from service. Against the said order in question, petitioner preferred appeal, which has been dismissed on 18.05.1989 by mentioning that the same lacks substance. At the said juncture present writ petition has been filed before this Court on 07.03.1990.

(2.) On 07.12.2003 in the absence of learned Counsel for the petitioner, present writ petition was dismissed, and thereafter an application was moved for recall the said order. Said application has been allowed on 09.12.2009, and thereafter, present writ petition has been taken up.

(3.) On the matter being taken up today, Sri Sunit Kumar, learned Counsel for the petitioner, contended with vehemence that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the Armed Forces Tribunal at Lucknow, which has been duly notified for adjudication of all service matters as per provisions as contained under the Armed Forces Tribunal Act, 2007.