VidhiSangh

Supreme Court of India · 09/01/2020

BALKRISHNA RAM versus UNION OF INDIA AND ANR.

[2020] 2 S.C.R. 581 · 2020 INSC 26

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Summary

A pending intra-court appeal from a High Court single judge’s decision in an armed forces matter cannot be transferred to the Armed Forces Tribunal. The Tribunal does not replace the High Court’s constitutional writ jurisdiction. On the service dispute itself, the appeal failed because the appellant had failed the aptitude test and had been considered but found ineligible for alternative posts.

Issues

  1. Whether Section 34 requires transfer of a pending intra-court appeal to the Armed Forces Tribunal.
  2. Whether the Tribunal excludes High Court writ review.
  3. Whether alternative employment had been considered before discharge.

Provisions considered

Held

Result

Appeal dismissed on merits and pending applications disposed of. The Court rejected the contention that the pending intra-court appeal required transfer to the Armed Forces Tribunal and upheld discharge on the service record.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 581.