Court : Delhi
Decided on : May-26-2017
..... matter' as defined in section 3 (o) of the armed forces tribunal act, 2007 (act). the petitioners have an alternative remedy as per the act and should move the armed forces tribunal (tribunal) for relief.5. the act, i.e. armed force tribunal act, notified with effect from 15.06.2008, is an act which provides for adjudication of disputes and complaints in respect ..... that the present writ petition filed by the petitioner is not maintainable, as the grievance raised falls under section 14 of the armed forces tribunal act, 2007 and the armed forces tribunal is the court of first instance and competent to adjudicate upon the matter. wp(c).no.7219/2016 & connected matters page 11 ..... judicial review vested in the high court under article 226 is one of the basic essential features of the constitution and any legislation including the armed forces tribunal act, 2007 cannot override or curtail jurisdiction of the high court under article 226 of the constitution of india. (ii) the jurisdiction of the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-2017
..... satisfaction in that behalf must either be articulated in writing or be available on record, specially when the matter can be considered on merits by a tribunal, with the coming into force of the armed force tribunal act, 2007 .33. in the premises, we hold that it is not imperative that an scm be convened, constituted and completed by co of the ..... an scm. we think it necessary to underscore that it is not proper to convene an scm merely because the offence(s) with which a sepoy of the force is charged finds mention in the enumeration contained in these three sections. what is of preeminence in convening an scm is that it should be found imperative that ..... it is absolutely imperative and immediate action is called for. we quote herein below the relevant paragraphs from vishav priya singh (supra): 19. section 116 of the act empowers the co of any corps, department and detachment of the regular army to hold an scm and specifically states that he alone shall constitute the court. sub-section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-22-2017
..... order dated 23.02.2016 also dismissed m.a. no.390 of 2015 filed by the appellant seeking leave to appeal under section 31 of the armed forces tribunal act.2. the facts relevant for disposal of this appeal are as follows:- the appellant was enrolled in the indian army on 14.09.2005. his basic ..... application being m.a. no.390/2015 under section 31 of armed forces tribunal act, 2007 before the tribunal seeking leave to file appeal before this court against the final order dated 21.03.2014 passed by armed forces tribunal in o.a. no.200/2010 and the same was dismissed by the tribunal vide order dated 23.02.2016. challenging the order passed by ..... the tribunal, wife of laxman ram poonia has filed the present civil appeal under section 30 of the armed forces tribunal act, 2007.6. learned counsel for the appellant .....
Tag this Judgment!Court : Delhi
Decided on : Dec-07-2017
..... these circumstances, it cannot be stated that the present case falls under the exclusion clause of section 3(o) of the armed forces tribunal act. in our view, the remedy of the petitioner would still lie before the tribunal.8. at this stage, liberty is sought by the petitioner no.1 to withdraw the present petition and approach the appropriate forum ..... against the said order whereupon it was clarified by the respondents that his application had been processed under section 162 of the army act. the order dated 30.10.2015 passed by the armed forces tribunal in the oa filed by the petitioner no.1 records that the vice chief of the army staff has converted the dismissal order ..... officer was directed to wp(c) no.10892/2017 page 2 of 4 examine the matter under section 165 of the army act.6. it is stated before us that under section 3(o) of the armed forces tribunal that defines the term, service matter is clause (iv) that excludes matters relating to summary court martial except where the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-02-2017
..... , 2007. hence by the judgment of the tribunal, the application was dismissed. 3 special leave petitions were moved before this court ..... armed forces tribunal at its principal bench in new delhi.[1]. by a judgment dated 11 may 2010, the tribunal held that since the porters are not subject to statutory provisions which govern the army, navy and air force, their grievance did not fulfil the definition of a service matter under section 3(o) of the armed forces tribunal act ..... to the union government to regularise but surely that does not prevent the government from taking a robust view of reality in consultation with the armed forces whom the porters serve with diligence and loyalty. the scheme which has been proposed undoubtedly marks a welcome improvement over the present conditions of porters .....
Tag this Judgment!Court : Delhi
Decided on : Jul-13-2017
..... are now given to the central administrative tribunal and state administrative tribunals with the enactment of administrative tribunals act, 1985. disputes of defence personnel are now dealt with by special tribunals called armed forces tribunal constituted under the armed forces tribunal act, 2007. with the creation of all these special tribunals, the matters which were up to now ..... dealt with by civil courts or high courts are to be taken up by these tribunals in the first instance. (we ..... the parties, by agreement, to agree for domestic forum of their own choice, namely, arbitral tribunal under the arbitration act to deal with such claims, then the edifice of the apparent forceful submissions of mr. tripathi would collapse like house of cards as all those submissions would be relegated .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-2017
..... on three counts. firstly, on the ground that this court is not vested with the jurisdiction to entertain the present petition as the remedy of the petitioner lies under the armed forces tribunal act, 2007; secondly, that the present petition is barred by limitation as the cause of action had arisen in the year 2006 but no w.p.(c)10669/2017 page 1 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-12-2017
..... time; pass any such other order(s) as deemed fit and proper to secure the ends of justice .6. it is an admitted position that the decision of the armed forces tribunal, chandigarh bench in the case of col. sanjeev sehgal (supra) was assailed by the appellants by way of civil appeal d.no.14342 of 2013 before this court. ..... court. also because, after the decision of the supreme court in the case of col. sehgal (supra), the department took positive steps and decided to act upon the direction given by the tribunal as is manifest from the office note prepared by shri d.k. paliwal dated 22nd september, 2014. that has been duly approved by the defence secretary ..... working on the same rank would not be entitled for dacp considering the service conditions of the commissioned officers who are governed by the army act, 1950, the navy act, 1957 and the air force act, 1950 as the case may be. a distinction has always been made between amc cadre and other medical services in the ministry of defence. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-2017
..... submitted a petition under section 161(2) of the air force act, 1950 before the chief of the air staff seeking for his reinstatement which, however, was rejected vide order dated 12th february, 2015. the respondent then filed an original application before the armed forces tribunal, regional bench at chennai, circuit bench at hyderabad, being o ..... .a. no.77 of 2015. the same was partly allowed vide the impugned judgment. in that, the tribunal rejected the plea of the respondent that the disciplinary action suffered ..... including mental stress due to matrimonial dispute, he did not choose to go to a military hospital. being a member of the armed forces such indiscipline cannot be countenanced. even the tribunal has rejected the defence of the respondent in this behalf, by observing thus:- 15. from the above pleadings, it appears that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2017
..... said act ). the appellant having realised that he was not being considered for promotion to the post of jwo and was discriminated in the matter of consideration as two other officers namely, air commodore p. chakraborty and honorary flying officer p.k. choudhury, who had suffered more percentage of disability than that of the appellant were granted promotion, he approached the armed forces tribunal ..... , as the nature of work assigned to the appellant was of a cryptographer and moreso since the provisions of the act stood exempted to the establishment of the armed forces in which the appellant was working namely indian air force, the tribunal concluded that for select promotion such as jwo onwards, the minimum low medical category was specified as a4g3 (p) and that too through .....
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