Wg Cdr HS Virk (Air Force) vs UOI & Others on 11 September 2020

O R D E R

04.09.2020

AT 27 of 2020 :

This application has been filed under Section 27 of the Armed Forces Tribunal Act, 2007 seeking transfer of the OA (Appeal) No. A/5/2011 pending before the Regional Bench, Jaipur to the Regional Bench at Chandigarh.

Transfer is sought for on the ground that the applicant had reached the age of superannuation, retired as Wg Cdr in September, 2019 and has settled in Chandigarh after superannuation and thus it will not be possible for him to defend his case at Jaipur.

Keeping in view the aforesaid and taking note of the provisions of Section 27 of the Act, it would be in the interest of justice that the original application is transferred to Regional Bench at Chandigarh as it will be convenient for the

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applicant to prosecute his case in Chandigarh, where he is settled now.

Learned counsel for the applicant indicate that the service of advance notice was refused by the representative of the department. Taking note of the interest of justice involved in the matter and as it is only for the transfer of the proceedings, the application is allowed.

Accordingly, OA (Appeal) No. A/5/2011 pending at Regional Bench at Jaipur stands transferred to the Regional Bench at Chandigarh. Registry of AFT, RB Jaipur is directed to remit the entire records of the aforesaid case to the Regional Bench at Chandigarh within four weeks of the receipt of the order. OA be put up before the roster Bench after receipt of the entire record.

Copy of this order be sent to both the Regional Benches of AFT at Jaipur and Chandigarh.

*Set*

**[JUSTICE RAJENDRA MENON] CHAIRPERSON**

5/5/20