PRADEEP NANDRAJOG, SURESH KAIT
COLONEL A. D. NARGOLKAR – Appellant
Versus
UNION OF INDIA – Respondent
PRADEEP NANDRAJOG, J.
1. For every real or imaginary problem, a law is enacted with the belief, that by this step the problem will be solved. But we find, for reasons which are fairly unexplainable, that problematic issues relating to the problem arise. The problem of delay in adjudication of disputes between members of an Armed Force and the Force in Civil Courts led to the establishment of the Armed Forces Tribunal with the pious hope that an exclusive Tribunal to decide disputes relating to Armed Forces would facilitate a speedy adjudication of disputes, but the establishment of the Tribunal has raised jurisdictional issues pertaining to the power of a High Court under Article 226 and Article 227 of the Constitution of India.
2. Much has been said about the delay in obtaining justice in Courts and one probable reason for the delay, apart from many others, is the multiple tiered adjudicatory forums available to the litigating parties. A simple revenue matter, pertaining to an entry in the record of rights, commences with a claim before the tehsildar whose decision is amenable to a challenge by way of an appeal either before the Revenue Assistant or an Additional C
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