Subedar Heera Singh v. Union Of India And ORS.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11506/2019 and C.M. APPL. 47282/2019 (stay) SUBEDAR HEERA SINGH ..... Petitioner Through:

Mr. U. S. Maurya, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Rajesh Gogna, CGSC with Mr.

Kavindra Gill, Advocate for UOI.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 25.02.2020

1. This petition was entertained at a time when the Chairperson of the Armed Forces Tribunal („AFT‟) had not been appointed to replace the incumbent who had retired. Since then, a Chairman of the AFT has been appointed and all matters are now being entertained in the AFT in accordance with law.

2. The Court therefore permits the present Petitioner to now approach the AFT, not later than four weeks from today, by filing an appropriate application in accordance with law, and if necessary, also invoke Rule 6 of the Armed Forces Tribunal (Procedure) Rules, since the cause of action arose in Jabalpur, where, even as on date, there is no functioning Bench of the AFT.

3. It is clarified that it will be open to the parties to rely on the pleadings in

the present petition before the AFT. The interim order already passed by the Court is directed to continue till such time as the AFT passes appropriate orders.

4. The petition and application are disposed of. S.MURALIDHAR, J.

TALWANT SINGH, J.

FEBRUARY 25, 2020 mr