CourtKutchehry.com
High CourtsDivision Bench

Jitendra Kumar Shukla vs Armed Forces Tribunal and Others

Allahabad High Court · Decided on 2 December 2011 · Citation: (2011) 12 AHC CK 0308

HON’BLE JUDGES
Sunil Ambwani, J · Manoj Misra, J
ACTS & SECTIONS REFERRED
Armed Forces Tribunals Act, 2007 — Section 14, 30, 31 · Constitution of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
Writ - A No. - 69150 of 2011
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

10 paragraphs · 371 words
1.

We have heard Col. (Retd) R.A. Pandey, learned counsel for the petitioner. Shri R.B. Singhal, Assistant Solicitor General of India appears for the respondents.

2.

The petitioner was discharged from Indian Air Force on 24.9.2003 on his invalidation in low medical category. He filed a Writ Petition No. 20103 of 2004 in the High Court at Allahabad, which was transferred to the Armed Forces Tribunal after enforcement of the Armed Forces Tribunal Act, 2007, and was numbered as Transfer Application No. 648 of 2010.

3.

The Armed Forces Tribunal, by its judgment dated 26.11.2010 dismissed the transfer application. The petitioner filed an application u/s 31 of the Armed Forces Tribunal Act, 2007 before the Tribunal for leave to appeal to Hon''ble Supreme Court. The application for leave to appeal was rejected on 16.12.2010. The Special Leave to Appeal (Civil) No. 5936-5937 of 2011 from the judgment and order dated 26.11.2010 was dismissed by Supreme Court on 6.5.2011. The order passed by the Supreme Court is quoted as below:

Heard learned counsel for the petitioner.

The SLP is dismissed.

4.

It is submitted by Col. (Retd) R.A. Pandey, that since no reason has been given by Hon''ble Supreme Court in dismissing the Special Leave Petition, a writ petition for judicial review of the judgment of the Armed Forces Tribunal is maintainable. He refers to Section 14 of the Armed Forces Tribunal Act, 2007.

5.

Section 30 of the Armed Forces Tribunal Act, 20076 provides for an appeal to the Supreme Court. The petitioner had applied for leave to appeal u/s 31. His appeal filed in the Supreme Court was dismissed.

6.

The dismissal of the SLP has concluded the proceedings so far as the judicial review of the order of the Tribunal is concerned. In the hierarchy of the Courts the Supreme Court is the highest Court of the land. The judgment rendered by the Supreme Court, even if no reasons are assigned, is final and binding upon the parties.

7.

We are of the opinion, that after the appeal u/s 30 was dismissed by the Supreme Court, a writ petition under Article 226 of the Constitution of India is not maintainable.

8.

The writ petition is dismissed as not maintainable.