- (1.) WE have heard Col. (Retd) R.A. Pandey, learned counsel for the petitioner. Shri R.B. Singhal, Assistant Solicitor General of India appears for the respondents.
(2.) THE petitioner was discharged from Indian Air Force on 24.9.2003 on his invalidation in low medical category. He filed a Writ Petition No. 20103 of 2004 in the High Court at Allahabad, which was transferred to the Armed Forces Tribunal after enforcement of the Armed Forces Tribunal Act, 2007, and was numbered as Transfer Application No. 648 of 2010. The Armed Forces Tribunal, by its judgment dated 26.11.2010 dismissed the transfer application. The petitioner filed an application under Section 31 of the Armed Forces Tribunal Act, 2007 before the Tribunal for leave to appeal to Hon'ble Supreme Court. The application for leave to appeal was rejected on 16.12.2010. The Special Leave to Appeal (Civil) No. 5936 -5937 of 2011 from the judgment and order dated 26.11.2010 was dismissed by Supreme Court on 6.5.2011. The order passed by the Supreme Court is quoted as below: Heard learned counsel for the petitioner. The Special Leave Petition is dismissed.
(3.) IT is submitted by Col. (Retd) R.A. Pandey, that since no reason has been given by Hon'ble Supreme Court in dismissing the Special Leave Petition, a writ petition for judicial review of the judgment of the Armed Forces Tribunal is maintainable. He refers to Section 14 of the Armed Forces Tribunal Act, 2007.;