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AFT Bar Association had also penned a strong-worded letter to the CJI against the transfer of Justice Chaudhary and had resolved to indefinitely abstain from work as a mark of protest against the transfer
"We have no reason to doubt the Chairperson of the Armed Forces Tribunal", said CJI DY Chandrachud today while refusing to interfere with its recent order transferring Justice Dharam Chand Chaudhary from the AFT bench at Chandigarh to its regional bench in Calcutta.
Attorney General R Venkataramani today submitted a sealed cover report on behalf of the Chairperson enlisting his reasons to transfer Justice Chaudhary.
"I have to strongly submit this is a collusive process..", the AG added, referring to the petition filed by Armed Forces Tribunal Chandigarh Bar Association alleging that the Defense Ministry was interfering with the judicial process.
Court was further informed that the Ministry had found that there was an issue with the disability pension matters at the Chandigarh bench.
"We have no reason to doubt the chairperson of the AFT..the circumstances which he has disclosed purely as an administrative function, how can a bar object to it...", the bench comprising Justices Pardiwala and Manoj Misra noted.
The bench went on to close the issue of transfer noting that no interference was warranted.
On Monday, Supreme Court had sought an explanation from the Chairperson of AFT while adding that, "Pending further orders Shri Chaudhary need not assume charge in Kolkata. The execution applications being heard in Chandigarh shall not be disposed of without leave of this court".
Justice Dharam Chand Chaudhary, a Judicial Member of AFT Chandigarh, was transferred just before he was about to hear a contempt case against Senior officials of the Defense Accounts Department for not implementing orders regarding grant of disability pension to army personnel.
Additionally, while transferring Justice Chaudhary, the AFT Chairperson had also transferred to himself the contempt case filed against the erring officers.
Advocate K Parmeshwar, appearing for the AFT Bar Association, had thus submitted that the entire tribunal was being controlled by the Defense Ministry, which had on multiple occasions, refused to implement its orders.
It was further argued that the control of the Union Defense Ministry over the AFT is contrary to Constitution Bench judgments of the Supreme Court.
Case Title: Armed Forces Tribunal Bar Association Chandigarh vs. Union of India
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