Patna High Court
Lt.Col.Harjit Singh vs The Unio Of India & Ors on 18 January, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12343 of 1995
======================================================
Lt.Col.Harjit Singh, son of Shri Bachan Singh resident of House No.
667, Sector 20-A, Chandigarh at present posted at Bihar Regimental
Centre, Danapur Cantt., Patna
.... .... Petitioner
Versus
1. The Union Of India through the Defence Secretary, Ministry of
Defence South Block, New Delhi-110011.
2. The Chief of Army Staff, Army Headquarters, DHQ, PO-New
Delhi-110011.
3. D.G.,C. & DV., AG's Branch Army HQ. DHQPO., New Delhi-
110011.
4. Bri. J.B.S. Yadav, DDG.C. & DV., DV Dte. Army HQ. DHQ PO-
New Delhi-110011.
5. Smt. Jagjeet Kaur W/o Lt. Col. Harjeet Singh D/o Sri Balwant
Singh resident of 127 Vivekanandpuri P.S. Sarai Rohilla
Distt.Delhi-110007.
.... .... Respondents
With
Civil Writ Jurisdiction Case No.4813 of 1996
======================================================
Lt.Col.Harjit Singh, son of Late Shri Bachan Singh resident of House
No. 667, Sector 20-A, Chandigarh at present posted at Bihar
Regimental Centre, Danapur Cantt., Patna
.... .... Petitioner
Versus
1. The Union of India through the Defence Secretary, Ministry of
Defence South Block, New Delhi-110011.
2. The Chief of Army Staff, Army Headquarters, DHQ, PO-New
Delhi-110011.
3. Military Secretary, Army HQ. DHQ PO-New Delhi.
4. The Adjutant General, army Headquarters, New Delhi.
.... .... Respondents
======================================================
Appearance :
(In CWJC No.12343 of 1995)
For the Petitioner/s : Mr. Chandra M.Prasad Sinha, Sr. Advocate
Mr. Anisban Kundu, Advocate
For the Respondents : Mr. Sahvind Kr. Sharma, (CGC)
For the Army : Mr. S.N.Pathak (Sr. S.C.C.G.)
Patna High Court CWJC No.12343 of 1995 dt.18-01-2012
2/4
(In CWJC No.4813 of 1996)
For the Petitioner/s : Mr. Arvind Kundu
For the Army Mr. S.N.Pathak (Sr. S.C.C.G.)
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)
Shivaji Pandey, J.Heard learned counsel for the petitioner and learned counsel for the Union of India.
2. The petitioner had filed this petition in the year 1995 and now in 2012, after lapse of more than 16 years, this case has been taken up in this Court. By the time there is a change in the law as earlier there was no Tribunal constituted for looking to the grievance of the persons like the petitioner, the Parliament has enacted the Armed Forces Tribunal Act, 2007 with a view to provide a separate forum for adjudication of grievance of personnels of the Armed Forces of three wings.
3. In pursuance of the Act, the Tribunal has been constituted at different places to adjudicate the dispute and to consider the grievance of the Arms Forces Personnel.
4. The counsel for the petitioner and the counsel for the Union of India have pointed out that there is a provision under the Act namely Section 34 which provided that every suit or other proceeding pending in Patna High Court CWJC No.12343 of 1995 dt.18-01-2012 3/4 any courts including in High Court would stand transferred on the day of the Constitution of a Trial Court. Of course, power of judicial review lies with the Hon'ble Supreme Court and High Court and as has been held by the Supreme Court, the power of judicial review is a part of basic structure of Constitution which cannot be taken away by any enactment of Act which has been decided in the case of L. Chandra Kumar Vs. Union of India, 1997 (3) SCC 264, but for the present for adjudicating the grievance of the parties, let the case be transferred to Armed Forces Tribunal at Delhi with the agreement of the parties. This Court in similar situation in case of Union of India Vs. Colonel Sarat Chandra Mishra L.P.A. No. 223/2011 transferred the case to Armed Forces Tribunal.
5. Accordingly, this matter is transferred to the aforesaid Tribunal.
6. It is expected that the aforesaid Tribunal will adjudicate the grievance of the petitioner and will pass an appropriate order.
7. The office is directed to remit this file to Armed Forces Tribunal forthwith.
Patna High Court CWJC No.12343 of 1995 dt.18-01-2012 4/4
8. Both the cases are disposed of.
(Shivaji Pandey, J.) Patna High Court Dated 18th January, 2012 N.A.F.R./Mahesh