The Court held that upon the Constitutions of the Armed Forces Tribunal under Section 4 of its Act, the High Court was divested of jurisdiction over this matter. The writ petition was withdrawn and transferred to the Tribunal at Chennai.
Withdrawn from the Court and transferred to the Armed Forces Tribunal at Chennai for adjudication.
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THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.20468 OF 2002
Dated 2 9 th October, 2009.
BETWEEN
Col. D.D. Pawar, S/o Late D.Y. Pawar, Occ. Colonel (Under Orders of Dismissal), Aged about 54 years, R/o Belgaum, Karnataka. … Petitioner
and The Union of India Rep. by the Secretary to Government of India, Ministry of Defence, South Block, New Delhi. And Others … Respondents
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.20468 OF 2002
ORDER:
This writ petition is filed by a Colonel of the Indian Army challenging the proceedings dated 30.01.2002 dismissing him from the service with immediate effect; and seeking a consequential direction to consider his case for being promoted to the cadre of Brigadier and for various other benefits.
It is brought to my notice that in exercise of the powers conferred by Section 4 of the Armed Forces Tribunal Act, 2007, the Central Government has established the Armed Forces Tribunal with effect from 10.08.2009. In view of the constitution of the Armed Forces Tribunal, this Court stands divested of its jurisdiction to deal with the matter, unless special circumstances exist. No such circumstances are made out in the present case.
Accordingly, this writ petition shall stand withdrawn from this Court and be transferred to the Armed Forces Tribunal at Chennai for adjudication. The Registry is directed to transmit the record pertaining to this writ petition to the said Tribunal forthwith.
29th October, 2009. VGSR
____________________ SANJAY KUMAR, J.
1 issue framed by the court
Whether the High Court retained jurisdiction to hear a writ petition filed by an Army officer challenging dismissal from service after the constitution of the Armed Forces Tribunal.
1 provisions across 1 enactments
Col. D.D. Pawar
The Union of India
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
