IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) No. 189 of 2011 Tribhuwan Rautela ………………Petitioner. Versus Union of India and others. ……..Respondents. Present: Mr. P. S. Bora, Advocate for the petitioner. Mr. Pradeep Joshi, Advocate for the respondents. Date of Order : 18.3.2011 Hon’ble Sudhanshu Dhulia, J.(Oral) Heard learned counsel for the petitioner as well as the learned counsel for the respondents. The petitioner has challenged the order-dated 13.10.2009 before this Court, whereby the petitioner has been discharged from the service. All the same, after the promulgation of the Armed Forces Tribunal Act, 2007, in terms of Section 34 of the Armed Forces Tribunal Act, 2007 all such proceedings, inter alia, pending before a High Court, which would have fallen within the jurisdiction of a Tribunal, had such proceeding arisen after the establishment of the Armed Forces Tribunal, are mandatory to stand transferred to the Armed Forces Tribunal on the date on which the Tribunal was constituted. Section 34 of the Armed Forces Tribunal Act, 2007 is being reproduced hereunder: “34. Transfer of pending cases.—(1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal. (2) Where any suit, or other proceeding stands transferred from any court including a High Court or other authority to the Tribunal under sub- section (1),-- (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal; (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub- section (2) of Section 14, from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.” Mr. Pradeep Joshi, standing counsel for the respondents has also made a statement that the matter is cognisable by the Arms Forces Tribunal. This writ petition is dismissed on the ground of alternative remedy. No order as to costs. (Sudhanshu Dhulia, J.) 18.3.2011 Kuldeep