The petitioner challenged an order dismissing a petition against Armed Forces. With no petitioner appearance, the court transferred the matter to the Armed Forces Tribunal, Kolkata under the Armed Forces Tribunal Act, 2007.
Directed the petitioner to file a fresh application before the Armed Forces Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.6666 of 2001 dt.20-02-2018
1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6666 of 2001
===========================================================
Hardeep Raj Singh, son of Late Siya Ram Singh, resident of Mohalla-East Lohanipur, Rastriya Pustkalya Lane, P.S.- Kadamkuan, District- Patna.
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance : For the Petitioner/s : Mr. Kedar Nath Tiwari, Advocate For the Respondent/s : Mr. A.K. Pandey, C.G.C. Mr. Ravinder Kumar Sharma, C.G.C.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 20-02-2018
No one appears for the petitioner. Learned counsel for the Union of India is present.
In this case, the petitioner is challenging the order dated 14.07.1999 (Annexure-2 and 2/A), which was confirmed vide order dated 16.01.2001 and limited relief has been granted by remitting the unexpired portion of the rigorous imprisonment. The petitioner has challenged the order of dismissal.
Patna High Court CWJC No.6666 of 2001 dt.20-02-2018
2
Learned counsel for the Union of India has submitted that in view of the Armed Forces Tribunal Act, 2007, on different regions the Tribunal is functioning and for this region the Tribunal is situated at Kolkatta and in terms of Sections 14 and 15 of the said Act it will be proper that this matter should also be transferred to the Armed Forces Tribunal, Kolkatta.
In such view of the matter, in view of Sections 14 and 15 of the Armed Forces Tribunal Act, 2007, this Court directs the petitioner, if so advise, may file a fresh application before the Armed Forces Tribunal, Kolkattta. The Tribunal while considering the case on limitation in filing the application, will take into consideration the pendency of this case before this Court.
With the aforesaid observations and directions, this writ petition is disposed of.
(Shivaji Pandey, J)
pawan/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N/A. |
| UploadingDate | 21.02.2018 |
| Transmission Date |
N/A |
2 issues framed by the court
Whether the present writ petition should be transferred to the Armed Forces Tribunal
Whether the petitioner is directed to file a fresh application before the Armed Forces Tribunal, Kolkata
1 provisions across 1 enactments
Hardeep Raj Singh
The Union of India
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
