Ex. Sgt. Madan Pal Singh vs Union Of India & Ors.
2011 Latest Caselaw 6291 Del

*                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.

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