1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAI PUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.5668/1995 Narain Singh Versus Union of India and others DATE OF ORDER --- December 21,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Rajendra Prasad, for the petitioner Mr.Sanjay Pareek, for the respondents BY THE COURT (1) By this writ petition, the petitioner has prayed for declaring his discharge/removal from service w.e.f. 21.5.1994 under the order passed by the respondent No.3 as per discharge certificate (Anx.1). (2) Counsel for the contesting parties submit that in view of Sec.34 of the Armed Forces Tribunal Act, 2007 (in short `the Act of 2007'), this writ petition may be transferred to the Armed Forces Tribunal, Jaipur. Sec. 34 of the Act of 2007 is as follows: Sec.34 of the Act of 2007 “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; 2 (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. “ (3) Accordingly, the record of the writ petition is ordered to be transferred to the Armed Forces Tribunal, Jaipur. (Prem Shanker Asopa) J. गोpa ल