Ex. Sgt. Madan Pal Singh vs Union Of India & Ors.

Citation : 2011 Latest Caselaw 6291 Del
Judgement Date : 21 December, 2011

Delhi High Court
Ex. Sgt. Madan Pal Singh vs Union Of India & Ors. on 21 December, 2011
Author: Anil Kumar
*                IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           WP(C) No.2789/1999

%                       Date of Decision: 21.12.2011


Ex. Sgt. Madan Pal Singh                                   .... Petitioner

                      Through   Mr.Kamal Dave, Advocate

                                 Versus

Union of India & Ors.                                   .... Respondents

                      Through Mr.M.K.Bhardwaj, Advocate


CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE INDERMEET KAUR

ANIL KUMAR, J.

* The petitioner has sought quashing of order for recovery of damages by order dated 27th December, 1997 and direction to the respondent to release/pay the salary, arrears etc. along with the interest.

Learned counsel for the respondent has pointed out that under Section 34 of the Armed Forces Tribunal Act, 2007, which Act was given the assent by the President on 20th December, 2007, the jurisdiction in the matter is of Armed Forces Tribunal and the writ petition is liable to be transferred to the Armed Forces Tribunal. Counsel contends that the Court does not have jurisdiction now. Counsel for the petitioner does not refute this.

WP(C) No. 2789/1999 Page 1 of 2

The writ petition is, therefore, transferred to the Armed Forces Tribunal, Principal Bench, New Delhi.

Parties are directed to appear before the Registrar, Armed Forces Tribunal, Principal Bench on 16th January, 2012.

The Registry is directed to transfer the record of the present writ petition to the Armed Forces Tribunal before the said date.

ANIL KUMAR, J.

INDERMEET KAUR, J.

December 21, 2011.

rs WP(C) No. 2789/1999 Page 2 of 2