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Rajeshwar Ram v. Union Of India And ORS

2017-08-234 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.506 of 2006 Narendra Kumar The Union of India & Ors Civil Writ Jurisdiction Case No.944 of 2005 Hari Shankar Prasad Singh The Union of India & Ors Civil Writ Jurisdiction Case No.4378 of 2012

1. Suresh Rao Son Of Gyan Rao Resident Of Village - Sargatia (Narkatiaganj), Police Station - Sikta, District- West Champaran

1. The Union Of India Through The Principal Secretary, Ministry Of Defense, New Delhi

2. The General Officer Commanding-In-Chief, Southern Command, Pune

3. The Adjutant General Provost Marshals Office Branch, Army Headquarter Dho, P.O. - New Delhi-11

4. The General Officer Commanding (Goc), Maharashtra and Gujarat Area Provost Unit, Colaba, Mumbai

5. The Commanding Officer, Maharashtra and Gujarat Area Provost Unit, Colaba Mumbai

6. The Senior Accounts Officer, Office of Combined Defence Accounts (Cda), Bangalore-07

7. The Pension Accounts Officer (Pao), Other Ranks (Or), Cops of Military Police, Bangalore

8. The Chief Record Officer (Gro), Corps of Military Police Records, Bangalore Civil Writ Jurisdiction Case No.10377 of 2015

1. Suresh Mishra son of Late Ram Surat Mishra, resident of village Soti Bheriyahi, PS- Kanti, District- Muzaffarpur

2/4

1. The Union of India through the Secretary, Ministry of Defence, Government of India, South Block, New Delhi

2. The Chief of Army Staff, Government of India, South Block, New Delhi

3. The Director, Personnel, Coordination and Personal Directorate/ E 1A, Engineer-in-Chief's Branch, Army Head Quarters, Kashmir House, Rajaji Marg, New Delhi

4. The Officer-in-Charge, Records, Bengal Engineer Group, Roorkee (Uttaranchal)

5. The Chief Engineer, Delhi Zone, Delhi Cantt.- 10

6. The Head Quarters Commander, Workd Engineer (Utility), Delhi Cantt.

7. The Garrison Engineer (Utility), Water Supplies, Delhi Cantt. 10

8. The Station Commander, Station Head Quarters, Danapur Cantt., (Bihar) Civil Writ Jurisdiction Case No.6183 of 2011

1. Rajeshwar Ram Late Ram Janam Ram Dharmar,Ps-Ara(Muffasil) District-Bhojpur(Ara) At Present Posted At 56 Infantry,Division Signal Regiment C/O 99 Army Post Office-Zakhama,Nagaland.

1. Union of India through the Director General of Medical Services, New Delhi.

2. Signal Records Officer, Jabalpur.

3. Commanding Officer, 56 Infantry Division Signal Regiment, 56 A.P.O. Civil Writ Jurisdiction Case No.19162 of 2014

1. Rajendra Prasad Singh Son of Late Shahdeo Prasad Singh, (ExHavildar/Armourer No. 7047977), resident of village- Chandpura, Khurd, Police Station- Alauli, District- Khagaria

1. The Union of India through its Secretary, Ministry of Defence, Government of India, New Delhi

2. The Chief of Army Staff, Army Head Quarter, Sena Bhawan, D.H.Q.P.O., New Delhi- 11

3. The Commanding Officer, 601 EME RHC/O 56 A.P.O.

4. The Chief Record Officer, EME Records, Seceundrabad, A.P.

5. The Commanding Officer, 115 Armored Workshorp Company, C/O 56 A.P.

3/4 Civil Writ Jurisdiction Case No.21849 of 2013

1. Ram Kumar Singh Son Of Late Daroga Singh Resident of Village - Rakauli, P.O. Santhi, P.S. Raghunathpur, District - Siwan

1. The Union of India

2. The Chief of Army Staff, Armed Forces, New Delhi

3. The Commanding Officer, Central Command, Gaya

4. The Commander, A.S.C. Gaya

5. The S.I.C.O.C. Coy, Trg Battalian (M.T.) Gaya Civil Writ Jurisdiction Case No.2494 of 2016

1. Ghanshyam Tiwari Son of Jagdish Tiwari, Resident of Village - Bishunpura, P.O. - Bampali, P.S. - Udwant Nagar, District - Bhojpur at Ara.

1. The Union of India, through the Secretary, Department of Defence, New Delhi.

2. Army Service Corps Centre (Service) Head Quarter.

3. The Commanding Officer, 665, Company Army Serve Corp (T.T.).

4. The Officer - in - Charge, Records, A.S.C. (M.T.) Bangalore South, C/o 56 APO (Karnataka).

Appearance :

(In CWJC No.506 of 2006) For the Petitioner/s : Mr. Ranjan Kr.Singh, Advocate For the Respondent/s : Mr. S.D. Sanjay, Addl. S.G. Mr. Kumar Priya Ranjan, CGC Mr. Rakesh Kumar Sinha, CGC Mr. Anjani Kumar Sharan, A.S.G.

Mr. Rajesh Kumar Verma, CGC (In CWJC No.944 of 2005) For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Anjani Kumar Sharan, A.S.G. (In CWJC No.4378 of 2012) For the Petitioner/s : Mr. Zainul Abedin For the Respondent/s : Mr.

(In CWJC No.10377 of 2015) For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) (In CWJC No.6183 of 2011) For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate For the Respondent/s : Mr. Anjani Kumar Sharan, Asst. SG. (In CWJC No.19162 of 2014) For the Petitioner/s : Mr. Pratik Kumar Sinha, Advocate

4/4 For the Respondent/s : Mr. Rakesh Kumar Sinha, CGC (In CWJC No.21849 of 2013) For the Petitioner/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr.

(In CWJC No.2494 of 2016) For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate For the Respondent/s : Mr. Rajesh Verma, CGC CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-08-2017 These matters have been filed before this Court by persons serving in various forces, defined as the Armed Forces. By virtue of the provisions of Section 34 of the Arms Forces Tribunal Act, 2007, these petitions are now required to be transferred to the respective Armed Forces Tribunal created under the Act, 2007, as the jurisdiction to deal with the service matter as defined under Section 3 (o) of the Act, 2007 w.e.f. the appointed day i.e. 15.06.2008 vests in the Tribunal.

Accordingly, office is directed to take steps for transfer of the matters to the respective Armed Forces Tribunal. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U