Calcutta High Court (Appellete Side)
Riteswar Pal vs Union Of India & Ors on 11 September, 2024
11.09.2024
Piya
ct no. 30 WPA 5542 of 2011
sl no. 5
Riteswar Pal
Vs.
Union of India & Ors.
Mr. Santipada Pahari
Mr. Mrinal Kanti Biswas
....... For the Petitioner
Mr. Tarun Jyoti Tewari
Ms. Kausiki Bose
....... For the Respondents
1. The present writ petition has been filed in the year
2011.
2. The Respondents have raised the point of jurisdiction
of this Court (in its writ jurisdiction) stating that as per
Section 14 of the Armed Forces Tribunal Act, 2007, the
present case should have been filed before the said
tribunal and at this stage, the present case should be
transferred to the said tribunal as per Section 34 of the
Act.
3. Relevant part Section 14 of the Act is as follows:-
"14. Jurisdiction, powers and authority in
service matters.-(1) Save as otherwise
expressly provided in this Act, the Tribunal
shall exercise, on and from the appointed day,
all the jurisdiction, powers and authority,
exercisable immediately before that day by all
Courts (except the Supreme Court or a High
Court exercising jurisdiction under articles 226
and 227 of the Constitution) in relation to all
service matters."
4. Section 34 goes as follows:-
"34. Transfer of pending cases .- (1) Every
suit, or other proceeding pending before any
Court including a High Court or other authority
immediately before the date of establishment of
the Tribunal under this Act, being a suit or
proceeding the cause of action whereon it is
based, is such that it would have been within
the jurisdiction of the Tribunal, if it had arisen
after such establishment within the jurisdiction
of such Tribunal, stand transferred on that date
to such Tribunal.
(2)Where any suit, or other proceeding stands
transferred from any Court including a High
Court or other authority to the Tribunal under
sub-section (1),-
(a) the Court or other authority shall, as soon as
may be, after such transfer, forward the
records of such suit, or other proceeding to the
Tribunal;
(b) the Tribunal may, on receipt of such records,
proceed to deal with such suit, or other
proceeding, so far as may be, in the same
manner as in the case of an application made
under sub-section (2) of section 14 from the
stage which was reached before such transfer
or from any earlier stage or de novo as the
Tribunal may deem fit."
5. It is thus clear that:-
(i) All suits and proceeding shall be transferred to
the tribunal (Section 34 of the Act).
(ii) The tribunal as per Section 14 does not have
the jurisdiction, powers and authority of the
Supreme Court or a High Court exercising
jurisdiction under Article 226 and 227 of the
Constitution.
(iii) The present case has been filed invoking the writ
jurisdiction in a service matter.
6. As such this Court is well within its powers to entertain
the present writ petition.
7. The writ petitioner has now preferred this petition
relying upon the judgment of the Supreme Court in
Union of India & Ors. vs Rajpal Singh, in Civil
Appeal No. 6587 of 2008, decided on November 7,
2008 and the Delhi High Court in its writ jurisdiction
on 20.11.2008 in service matter Subedar (SKT) Puttan
Lal and Ors. vs Union of India & Ors., disposing of
several writs which were of the year 2007 and 2008.
8. It is submitted by the writ petitioner that his prayer for
applying the directions of the Supreme Court and High
Court to his case has been denied. He prays that he be
given the benefits as granted by the Courts above,
which if he is deprived of would lead to denial of his
basic fundamental and other rights.
9. On hearing the parties, the writ petition is disposed
with the direction that the respondent/authorities shall
consider the case of the petitioner as per the guidelines
laid down in Union of India & Ors. vs Rajpal Singh
(Supra) and Subedar (SKT) Puttan Lal and Ors. vs
Union of India & Ors. (Supra), on giving a hearing to
the petitioner/his counsel, and decide the same in
accordance with law within 60 days from the date of
this order.
10. All connected applications, if any, stand disposed of.
11. Interim order, if any, stands vacated.
12. Urgent certified website copy of this order, if applied
for, be supplied expeditiously after complying with all,
necessary legal formalities.
(Shampa Dutt (Paul), J.)
