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2011 Supreme(Del) 317

PRADEEP NANDRAJOG, SURESH KAIT
COLONEL A. D. NARGOLKAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Vinay Kr. Garg, Advocate with Mr. Fazal Ahmad and Ms. Namrata Singh, Advocates.
Mr. A.S. Chandhiok, ASG and Mr. Atul Nanda, Sr. Advocate with Mr. Ankur Chhibber and Mr. Anuj Aggarwal, Advocates for UOI with Major Rahul Soni
Mr. D.S. Kauntae, Advocate.
Mr. Atul Nanda, Sr. Advocate with None.
Mr. Gaurav M. Liberhan, Advocate, Mr. Atul Batra, Advocate and Ms. Swapnil Jain, Advocate for UOI.
Mr. V.S. Tomar, Advocate
Mr. Sachin Datta, Advocate with Mr. Abhimanyu Kumar, Advocate for UOI.
Mr. K.K. Rohatgi, Advocate
Ms. Raman Oberoi, Advocate for UOI.
Col. S.R. Kalkal, Advocate
Mr. Diljit Singh, Advocate.
Ms. Anjana Gosain, Advocate for UOI.
Mr. S.M. Dalal, Advocate
Mr. Mathew D., Mr. Mohinder Singh & Mr. D.S. Chaudhary, Advocates.
Ms. Jyoti Singh, Senior Advocate with Mr. Jayendra, Advocate for UOI.
Mr. Ruchir Mishra & Mr. Mukesh Tiwari, Advocates for UOI.

Judgment

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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