SC seeks report from AFT chairperson over transfer of Justice D C Chaudhary from Chandigarh regional bench

The Supreme Court on Monday asked the chairperson of the Armed Forces Tribunal (AFT) to submit a report indicating the circumstances in which the order transferring Justice D C Chaudhary from the regional bench at Chandigarh to Kolkata was passed.

A bench headed by Chief Justice D Y Chandrachud said pending further orders, Justice Chaudhary shall not be required to assume charge at the regional bench in Kolkata.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, passed the order while hearing a plea filed by the AFT Bar Association, Chandigarh raising the issue of transfer of Justice Chaudhary.

The apex court said the circumstances referred to by the petitioner in which Justice Chaudhary was transferred from the Chandigarh regional bench merits “close scrutiny”.

Highlighting the grievance raised by the petitioner, the apex court observed the Bar association has referred to an order passed by the Chandigarh regional bench in December 2017 in a matter pertaining to grant of pension to ‘Naib subedars’ in the Indian Army. The petitioner’s counsel said the matter relates to the compliance of the order regarding pension which is pending before the AFT’s regional bench in Chandigarh.

“The chairperson of the AFT shall submit a report indicating the circumstance in which the order of transfer of Justice D C Chaudhary from the regional bench at Chandigarh to the regional bench at Kolkata was passed,” the bench said.

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While issuing notice to the Centre and others on the petition, the bench said, “Pending further orders, Justice D C Chaudhary shall not be required to assume charge at the regional bench at Kolkata”.

The apex court, which posted the matter for further hearing on October 13, said the report to be submitted by the AFT chairperson shall be submitted before the next date of hearing.

It said, ordinarily, the court is circumspect about interfering with the order involving transfers but this case involves the transfer of a judicial member of the AFT from the regional bench at Chandigarh to Kolkata.

The petitioner has also raised the issue of administrative control of the Ministry of Defence over the AFT.