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HC stays Col’s transfer

CHANDIGARH:The Punjab and Haryana High Court has placed under suspension an order transferring a Colonel
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Tribune News Service

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 Chandigarh, June 8

The Punjab and Haryana High Court has placed under suspension an order transferring a Colonel. The case, on the face of it, falls under the jurisdiction of the Armed Forces Tribunal. But the High Court intervened after the Bench was told that the roster of the tribunal’s vacation Bench had not been notified.

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  The developments took place on a petition filed by Col HC Sharma against the Union of India and other respondents. Appearing on the petitioner’s behalf, initially on June 1, advocate Jai Vir Yadav contended that the vacation Bench roster of the Armed Forces Tribunal, Chandimandir, had not been notified till date. 

Responding to Justice Rajiv Narain Raina’s observations that the matter related to the transfer and posting of the petitioner, which apparently fell in the tribunal’s jurisdiction, Yadav submitted that there was an element of urgency.

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He added the matter may be placed before the High Court vacation Bench and the operation of the transfer order may be stayed, subject to consideration by the tribunal in the event of it sitting during the vacation.

“Having regard to the plea in the petition and the submission of advocate Yadav, his request in the circumstances is found genuine and the matter is posted to July 7 for passing further orders as deemed fit,” Justice Raina added.  

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