REGENT COMPUTRONICS PVT. LTD.

Major Kunwar Ambreswar Singh Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

EASLAND COMBINES VS. CCE [REFERRED TO]
VISHWANATH CHATURVEDI VERSUS UNION OF INDIA AND OTHERS [REFERRED TO]
STATE VERSUS GOVINDAN THAMPI BHASKARAN THAMPI [REFERRED TO]
STATE OF MADHYA PRADESH VS. AZAD BHARAT FINANCE CO [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [REFERRED TO]
COMMISSIONER OF INCOME TAX CENTRAL CALCUTTA VS. NATIONAL TAJ TRADERS [REFERRED TO]
LT COL PRITHI PAL SINGH BEDI CAPT DHARAM PAL KUKRETY GAPT CHANDER KUMAR CHOPRA VS. UNION OF INDIA [REFERRED TO]
R RUDRAIAH VS. STATE OF KARNATAKA [REFERRED TO]
MOLAR MAL DEAD VS. KAY IRON WORKS PRIVATE LIMITED [REFERRED TO]
DADI JAGANNADHAM VS. JAMMULU RAMULU [REFERRED TO]
GRASIM INDUSTRIES LIMITED VS. COLLECTOR OF CUSTOMS BOMBAY [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. SAW PIPES LIMITED [REFERRED TO]
DELHI FINANCIAL CORPN VS. RAJIV ANAND [REFERRED TO]
MODERN SCHOOL VS. UNION OF INDIA [REFERRED TO]
A N ROY COMMISSIONER OF POLICE VS. SURESH SHARMA SINGH [REFERRED TO]
DEEWAN SINGH VS. RAJENDRA PD ARDEVI [REFERRED TO]
KUNWAR MURLI MANOHAR VS. STATE OF UTTAR PRADESH [REFERRED TO]

JUDGEMENT

(1.) The petitioner, a Major of Indian Army, has preferred the instant writ petition under Art. 226 of the Constitution of India feeling aggrieved with the impugned order passed by the General Officer Commanding, 15 Infantry Division awarding punishment of "severe reprimand" .

(2.) After enactment of the Armed Forces Tribunal Act, 2007 (In short, Act), the petition was remitted to Armed Forces Tribunal, Lucknow on 23.4.2010. Sections 33 and 34 of the Act provide that after notification, the jurisdiction of the Civil Court and all other courts shall be barred and the pending matter in the High Court shall be remitted immediately before the tribunal after its establishment. The notification came into force on 15.6.2008. For convenience, Sections 33 and 34 of the Act are reproduced as under :

(3.) It appears that Principal Bench of Armed Forces Tribunal, New Delhi had passed an order on 19.2.2010 and held that the question of punishment with regard to severe reprimand may not be adjudicated by the Armed Forces Tribunal in view of the definition contained in Section 3 of the Act. For convenience, relevant portion from the order passed by the Principal Bench of Armed Forces Tribunal, New Delhi is reproduced as under :

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MAJOR KUNWAR AMBRESWAR SINGH Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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