Supreme Court - Daily Orders
Union Of India vs Lalit Kumar on 18 February, 2019
Author: Chief Justice
Bench: Chief Justice, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S) 1734 OF 2019
[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL)
NO.32720/2018]
UNION OF INDIA & ORS. ...APPELLANT(S)
VERSUS
LALIT KUMAR ...RESPONDENT(S)
ORDER
1. Leave granted.
2. By the impugned order, the High Court of Uttarakhand had directed for establishment of a permanent Bench of Armed Forces Tribunal in the State of Uttarakhand. Aggrieved, the Union of India is in appeal, inter alia, contending that volume of work (220 case) does not justify setting up of a permanent Bench.
3. We have considered the matter. We are of the view that the issue with regard to setting up of a permanent Bench and continuation of circuit benches of the Tribunal ought not to be the subject Signature Not Verified matter of determination by a judicial forum unless Digitally signed by VINOD LAKHINA Date: 2019.02.19 the facts of the case are so appalling that 18:10:31 IST Reason:
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judicial interference will be called for. The present, in our considered view, is not such a case.
4. We, therefore, allow this appeal; set aside the order of the High Court with the direction to the appellant – Union of India to take all necessary steps to ensure that the cases pertaining to the State of Uttarakhand pending before the Armed Forces Tribunal are heard and disposed of by the circuit bench as expeditiously as possible.
5. With the aforesaid observation, the appeal is allowed.
....................,CJI.
(RANJAN GOGOI) ...................,J.
(SANJIV KHANNA)
NEW DELHI
FEBRUARY 18, 2019
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ITEM NO.48 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 32720/2018 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 12-06-2018 IN WPPIL NO. 203/2014 PASSED BY THE HIGH COURT OF UTTARAKHAND AT NAINITAL) UNION OF INDIA & ORS. PETITIONER(S) VERSUS LALIT KUMAR RESPONDENT(S) I.A.NO.994/2019 – PERMISSION TO APPEAR AND ARGUE IN PERSON Date : 18-02-2019 This matter called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Aman Lekhi, ASG Mr. Harish Pandey, Adv.
Ms. Seema Benjani, Adv.
Mr. Anas Zaidi, Adv.
Mr. Arvind Kumar Sharma, AOR For Respondent(s) Respondent-in-person UPON hearing the respondent in person and the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Consequently, all pending applications shall stand disposed of.
[VINOD LAKHINA] [ANAND PRAKASH]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]