CWP/177/2019
2021 Latest Caselaw 3211 HP

CWP No.177 of 2019

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23.07.2021 Present: Mr. Vijender Katoch, Advocate, for the petitioner.

Mr. Balram Sharma, Assistant Solicitor General of India, for respondents No.1 to 3/Union of India.

(Through Video Conferencing)

Heard learned counsels.

We have also considered the judgments relied upon by learned

counsel for the petitioner in cases Union of India and others versus Colonel

G.S. Grewal, (2014) 7 SCC 303; Mohammed Ansari versus Union of India

and others, (2017) 3 SCC 740; and Lieutenant Colonel Vijaynath Jha

versus Union of India and others, (2018) 7 SCC 303.

Prima facie, we are of the view that the Armed Forces Tribunal

may not have the jurisdiction to entertain the matters pertaining to

transfers. However, the question of jurisdiction is left open to be

determined at the stage of final hearing.

Issue rule nisi.

Post for hearing before the learned Single Judge in the usual

course.

                                                                  ( Ravi Malimath )
                                                                 Acting Chief Justice



                                                               ( Jyotsna Rewal Dua )
                 July 23, 2021                                        Judge
                  (Yashwant)