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Smt. Lekha Guha vs Chief Of The Naval Staff, Naval … on 2 July, 2010

Allahabad High Court
Smt. Lekha Guha vs Chief Of The Naval Staff, Naval … on 2 July, 2010
Court No. - 26
Case :- WRIT - A No. - 19252 of 2007
Petitioner :- Smt. Lekha Guha
Respondent :- Chief Of The Naval Staff, Naval Head Quarters And Others
Petitioner Counsel :- Satyajit Mukerji,G.D. Mukerji
Respondent Counsel :- A.S.G.I.

Hon'ble Anil Kumar,J.

Matter has been taken in revised cause list.

None appears on behalf of the petitioner to press the present writ petition.

Heard Sri Triloki Singh learned Standing Counsel for respondents and
perused the record.

On 20th December,2007, the Parliament has enacted an Act known as ” The
Armed Forces Tribunal Act,2007( hereinafter referred to as an ‘Act’) to
provide for the adjudication or trial by Armed Forces Tribunal of Disputes
and Complaints with respect to commission , appointments, enrolment and
conditions of service in respect of persons subject to the Army Act, 1950, the
Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals
arising out of orders , findings or sentences of courts-martial held under the
said Acts and for matters connected therewith or incidental thereto.

Further Section 34 of the Act provides (relevant portion) as under:-

“34.Transfer of pending cases,-(1) Every suit, or other proceeding pending
before any court including a High Court or other authority immediately
before the date of establishment of the Tribunal under this Act, being a suit or
proceeding the cause of action whereon it is based , is such that it would have
been within the jurisdiction of the Tribunal , if it had arisen after such
establishment within the jurisdiction of such Tribunal, stand transferred on
that date to such Tribunal.

(2)Where any suit , or other proceeding stands transferred from any court
including a High Court or other authority to the Tribunal under Sub-section
(1),-

(a) the court or other authority shall, as soon as may be, after such transfer,
forward the records of such suit, or other proceeding to the Tribunal;”

For the forgoing reasons, the matter in question is not adjudicated and decided
on merit by this Court but transmitted to the Armed Force Tribunal, Lucknow
in view of the provisions as contained in Section 34 of the Act. Accordingly,
the Registry is directed to sent the paper book of the case to the Tribunal
forthwith.

Order Date :- 2.7.2010
dk/-

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