The Supreme Court on Friday allowed the transfer of Armed Forces Tribunal judicial member Justice Dharam Chand Chaudhary from the tribunal’s Chandigarh bench to Kolkata, Bar and Bench reported.
However, the bench headed by Chief Justice DY Chandrachud asked the Centre to respond to the petitioner’s demand for the Ministry of Defence to divest its control over the tribunal.
The bench was hearing a plea by the Armed Forces Tribunal Chandigarh Bar Association, which alleged that Chaudhary had been transferred because he passed a strict order against senior officials of the defence ministry in a matter related to disability pension.
Additionally, the petitioner sought to remove the defence ministry’s financial and administrative control over the tribunal. They raised concerns that alleged interference by the defence ministry in the functioning of the tribunal was hurting its independence.
On Monday, the Supreme Court stayed Justice Chaudhary’s transfer while it heard the matter. It also asked the tribunal’s chairperson to submit the reasons for the transfer in sealed cover.
The chairperson explained that the tribunal’s Kolkata bench had a shortage of judicial members and that the Chandigarh bench was the only one with a surplus, according to Bar and Bench.
On Friday, the chief justice’s bench dismissed the petitioner’s argument that Chaudhary had been transferred because of the Centre’s demand. Justice Chandrachud said that such transfers are within the discretionary powers of the tribunal.
“There is no reason for this court to doubt the exercise of administrative discretion of the chairperson of AFT on this ground as posting of members to different benches lies within the administrative control of the chairperson,” Bar and Bench quoted the bench as having ordered.
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