Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Review Armed Forces Tribunal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Armed Forces Tribunal Act, 2007: ss. 14(1) and 34 – Transfer of pending cases to Armed forces Tribunal – Whether an appeal against the order of Single Judge of a High Court deciding a case related to armed forces personnel, pending before High Court, can be transferred to the Armed Forces Tribunal – Held: As per s. 14(1), Armed Forces Tribunal can exercise powers of all the Courts except the Supreme Court or High Court exercising jurisdiction under Arts. 226 or 227 – Judicial review is basic structure – Power of judicial review vested with the High Court cannot be taken away – Power of Judicial review vests with the High Court even with regard to the orders passed by the Tribunal – High Court being a constitutional court, its order cannot be challenged before any court other than Supreme Court – Therefore intra-court appeal pending before Division Bench of High Court need not be transferred u/s. 34.Jurisdiction:Writ jurisdiction of High Court – Scope of – Held: Writ Courts normally refrain from exercising their extra-ordinary power, if alternative efficacious remedy is available – This rule is rule of prudence and not rule of law – Existence of alternative remedy does not oust the jurisdiction of High Court.Jurisdiction of Armed Forces Tribunal – Held: Transfer of proceedings on the original side including cases in exercise of writ jurisdiction, does not mean that the Tribunal can exercise all the powers of the High Court.Service Law: Discharge from service – Challenged – Plea that even if the candidate could not clear the aptitude test, he should have been considered for appointment in some other post – Held: The candidate was considered for appointment to two categories, but could not meet the height criteria in either of the posts – The candidate was not fit for appointment. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 26 |
Petitioner | Balkrishna Ram |
Respondent | Union Of India And Anr. |
SCR | [2020] 2 S.C.R. 581 |
Judgement Date | 2020-01-09 |
Case Number | 131 |
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