Suresh Puri v. Union Of India And Others

CWP No.1364 of 2020 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 1364 of 2020 Date of Decision: January 21 , 2020.

Suresh Puri ...... PETITIONER (s)

Versus

Union of India and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Rajeev Anand, Advocate for the petitioner.

Mr. Satya Pal Jain, Senior Advocate, Addl. Solicitor General with Ms. Puneeta Sethi, Advocate and Ms. Anita Balyan, Advocate for the respondents.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

It is submitted that the present petition has been filed as the Armed Forces Tribunal, Chandigarh Bench (for short, the 'Tribunal) is not functional at this stage.

It is not in dispute that the controversy in hand has to be dealt with by the learned Tribunal. Learned senior counsel for the respondents informs that the Tribunal shall be functional from 11.02.2020 till 14.02.2020 and the matter OMKAR SINGH 2020.01.29 10:41 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP No.1364 of 2020 [2] can be presented by the petitioner on the said dates. Learned counsel for the petitioner submits that the necessary petition before the learned Tribunal shall be filed well before 11.02.2020, but till then operation of the impugned order dated 13.11.2019 (Annexure P5) whereby the petitioner is sought to be discharged prematurely be kept in abeyance.

Keeping in view the peculiar facts and circumstances as above, this writ petition is disposed of while affording liberty to the petitioner to approach the learned Tribunal well before 11.02.2020. The matter be taken up by the learned Tribunal between 11.02.2020 to 14.02.2020 as per its convenience. Till then, the impugned order dated 13.11.2019 be kept in abeyance. Needless to say, there is no expression of opinion on the merits of the case and it is for the learned Tribunal to take a decision regarding the controversy including the question of interim relief as claimed by the petitioner. However, before parting with this order, Mr. Satya Pal Jain, learned Additional Solicitor General of India to apprise about the steps being undertaken to ensure the regular functioning of the Tribunal. Information in this respect shall be submitted within fifteen days. The file be put up on 17.02.2020 for this purpose only.

( LISA GILL ) January 21 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2020.01.29 10:41 I attest to the accuracy and integrity of this document High Court, Chandigarh