AB. RASHID BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application filed on behalf of the respondents under Section 34 of the Armed Forces Tribunal Act, 2007, seeking transfer of the petition (SWP No.1179/2016) to Armed Forces Tribunal.

(2.) Through the medium of writ petition (SWP No.1179/2016, petitioner has sought the following reliefs:

(3.) Petitioner is, admittedly, a member of Armed Forces and is subject to the Army Act, 1950. As is clear from the relief claimed by the petitioner, the writ petition pertains to a service matter within the definition of Section 3(o) of the Armed Forces Tribunal Act, 2007. Therefore, the subject matter of writ petition is cognizable by Armed Forces Tribunal. Section 34 of the Armed Forces Tribunal Act provides for transfer of all cases of aforesaid nature to the Armed Forces Tribunal.