- (1.)This group of writ petitions arise from the orders of the disciplinary action taken against the members of the Armed Forces subject to the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950.
(2.)A question has arisen whether these writ petitions shall stand transferred to the Armed Forces Tribunal, Calcutta constituted under the Armed Forces Tribunal Act, 2007 by virtue of Section 34 of the said Act.
(3.)The Armed Forces Tribunal Act, 2007 (Act No. 55 of 2007) (hereinafter referred to as 'the Act') has been enacted by the Parliament to provide for a Tribunal to adjudicate or try disputes and complaints with respect to commission, appointments, enrollment 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 against orders, findings, or sentences of court martial and for connected and incidental matters. Section 4 of the Act provides for establishment of the Tribunal. Chapter-III of the Act provides for jurisdiction, powers and authority of the Tribunal. Chapter-III comprises Sections 14 to 20. Sub-section (1) of Section 14 of the Act confers upon the Tribunal the jurisdiction, powers and authority, exercisable by all courts (except the Supreme Court or a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to all service matters. Section 22 of the Act provides for limitation. Sub-section (1) of Section 34 of the Act provides for transfer of every suit or other proceeding pending before any Court including a High Court or other authority 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.