UNION OF INDIA Vs. JASWANT SINGH

JUDGEMENT

(1.) Heard. The applicant/respondent has filed this application under Section 151 of the Code of Civil Procedure for transferring the present appeal to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir), in view of Section 34 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as 'the Act'), being a service matter under the Army Act, Rules and Regulations fully covered under the Act.

(2.) Section 34 of the Act deals with the transfer of pending cases in any court including a High Court or other authority. Sub section (1) thereof is re-produced below:-

(3.) It has not been disputed by the learned counsel for the appellants that the Armed Forces Tribunal, Chandigarh, has already been established under Section 4 of the Act and the cause of action/subject matter involved in the present appeal is covered by the definition of "service matters" as enumerated in Section 3 (o) (i) of the Act. Accordingly, this appeal is withdrawn from the file of this court and is transferred to the Armed Forces Tribunal, Chandigarh Bench (at Chandimandir). The parties are directed to appear before it on 7.12.2010.