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Judgment
This is an application which has been received on transfer in view of the orders passed by the Punjab and Haryana High Court in CWP 8751/2020
due to non availability of the Members in the Regional Bench at Chandigarh. Records indicate that the applicant herein filed a writ petition directly
before the Punjab and Haryana High Court which was registered as CWP (8751/2020) and by an order passed on 30'"" June, 2020, Hon'ble High
Court directed that the remedy of the petitioner is to approach the Armed Forces Tribunal, either the Bench at Chandigarh or the Principal Bench at
New Delhi, in case the Regional Bench at Chandigarh is not functional. As the Bench at Chandigarh was not functioning, the matter was transferred
to the AFT, Principal Bench and we are seized of the matter. The High Court on 30'"" June, 2020 passed an interim order also which is now
continuing. However, with effect from 26'"" August, 2020, functioning of the Regional Bench by Video Conferencing has commenced and everyday
fresh cases or case, urgent in nature so also miscellaneous filed in pending case, are being listed before the Bench which is constituted for hearing by
Video Conferencing. That being so, this case can now go back to the Regional Bench, Chandigarh and can be heard in Video Conferencing by the
specially constituted Bench.
Accordingly, the office is directed to transmit the record to AFT, Regional Bench, Chandigarh and the Principal Registrar is directed to ensure that
the matter listed is through Video Conferencing before the appropriate Bench in the next week itself.
Interim order passed by the High Court shall continue till listing of the matter and further orders by the Bench concerned through Video
Conferencing. The Principal Registrar to ensure the records are transferred forthwith to the AFT, Regional Bench, Chandigarh.