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Manoj Kumar (Service No.691785-B) Vs. Union of India, Rep. by its Secr ...

Court : Andhra Pradesh

..... and cannot directly invoke the jurisdiction of high court under article 226 of the constitution of india. the armed forces tribunal is established under the armed forces tribunal act, 2007, and is a special tribunal exclusively vested with jurisdiction to adjudicate service grievances of persons governed by army act, navy act and air force act. therefore, it is an effective and efficacious adjudicating forum. the petitioner cannot directly invoke the jurisdiction of ..... this court without availing the said remedy. 7. hence, the writ petition is dismissed, leaving it open to the petitioner to avail the remedy as available under the armed forces tribunal act, 2007. there shall be no order as to costs. miscellaneous petitions, if any, pending in this writ petition shall stand closed.

Major S. Ravi and Others Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2001(5)ALD839; 2001(6)ALT202; 93(2001)DLT647

..... elaborate discussion vide its dated 7-1-1991 held that the survey of india cannot be held to be an armed force of the union and the finding to the contrary of the central administrative tribunal of hyderabad bench is not correct. it further held that even through the army engineers seconded permanently or otherwise ..... to that organisation continue to be members of the armed force so long asthey are governed by the army act, the civilian employees unless drafted for active ..... petitioners are working in survey of india and continued to be members of the armed forces.7. this controversy, in my considered view, is no more res integra having regard to the above submissions and the unchallenged finding of the central administrative tribunal, bangalore bench. therefore, i have no hesitation in holding that the writ .....

Ministry of Defence, Senior Accounts Officer, Department of Administra ...

Court : Andhra Pradesh

Reported in : 2003(4)ALD251

..... jurisdiction on the ground that this plea was not taken before the tribunal. section 2 of the administrative tribunals act, 1985 lays down:'2. act not to apply to certain persons :--the provisions of this act shall not apply to-- (a) any member of the naval, military or air forces or of any other armed forces of the union;(b) -omitted-(c) any officer or servant of the ..... it is clear that the provisions of the act are not made applicable to any member of the naval, military or air forces or any other armed forces of the union. but, the learned counsel for the respondent submits that the respondent who was applicant before the tribunal is not member of the naval, military or any other armed forces of the union. on the other hand .....

B.V. Rami Reddy and anr. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 2003(5)ALD339; 2003(5)ALT579

..... the civil power). ' therefore, the force created under the andhra pradesh special protection force act is not a force of which a mention is made in section 2(a) of the administrative tribunals act, 1985. it is not sufficient that a particular force should be an armed force so as to remain out of the jurisdiction of the tribunal, it is further necessary that such armed force should be of the union ..... of india. admittedly the petitioners do not belong to a force of union of india, therefore the matters concerning their .....

V. Dharma Raju, Ex. Constable/C.i.S.F. Vs. Inspector General (S.W.S.), ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT71

..... the owner that, by itself, cannot be the basis to hold him guilty of dereliction of duty or of indiscipline or of doing an act unbecoming of a member of an armed force, for it is only if he had committed an act of misconduct as enumerated under the rules and regulations governing his service, or had failed to ..... charges an enquiry officer was appointed and, on the appellant being found guilty, the disciplinary authority discharged him from service. the appellant raised a dispute and the tribunal held that, on the evidence before it, the appellant could not be held guilty in the absence of the evidence of sri kansal and that the evidence ..... mean total dearth of evidence. it extends to any case where the evidence, taken as a whole, is not reasonably capable of supporting the finding, or where no tribunal could reasonably reach that conclusion on that evidence. this 'no evidence' principle has something in common with the principle that perverse or unreasonable action is unauthorized and ultra .....

B.Satyanarayana Vs. A.P.Administrative Tribunal and Others.

Court : Andhra Pradesh

..... writ petition. learned counsel for the petitioner submits that when the a.p.administrative tribunal act, 1985 (the act, for brevity) was enacted, section 2 excluded the members of naval, military or air forces or of any other armed forces of the union, any person governed by the provisions of the industrial disputes act, 1947, officers or servants of the supreme court or high courts or courts ..... 3 of the administrative tribunals (amendment) act, 1986? by the said provision, section 2(b) was omitted and a part of section 28 was substituted. before amendment, section 2 read as under. 2. act not to apply to certain persons.- the provisions of this act shall not apply to,- (a) any member of the naval, military or air force or of other armed forces of the union .....

A. Srinivasa Rao and ors. Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2003(2)ALD134; 2003(2)ALT347

..... forum to agitate such grievance is a.p. administrative tribunal, which is competent to deal with all the legal and constitutional issues. it is contended that when the petitioners did not challenge the validity of act 25 of 1991, they cannot equally challenge the powers of the state government to set up an armed force, more particularly in view of the fact that entry ..... outside. it is the case of the petitioners that the functions under sections 10 and 11 of the act are basically the exercise of sovereign power and only be exercised by a member of armed forces, like whom the petitioners and the members of their force carry arms and ammunitions to discharge their duties to protect the citizens and their property; that such sovereign powers .....

Commissioner of Income-tax, Andhra Pradesh Vs. Andhra Pradesh Police W ...

Court : Andhra Pradesh

Reported in : (1983)37CTR(AP)294; [1984]148ITR287(AP)

..... 1971]82itr704(sc) . he further contended, inviting our attention to the statutory notification issues by the central government under s. 10(23c)(iv) of the act, whereunder certain funds like rehabilitation of ex-servicemen, armed forces reconstruction fund, indian goorkha ex-servicemen welfare fund, jawans welfare trust, maharashtra and so on, have been exempted from income-tax, that inasmuch as the defence ..... question was sought to be referred to this court at the instance of the revenue, m.p. no. 63/79 was filed by the assessee before the appellate tribunal for giving a decision with respect to the sum of rs. 1,98,791 which accrued as interest out of the principal sum of rs. 56,97,657 ..... . 1. the question for decision in this reference at the instance of the revenue, is : 'whether, on the facts and in the circumstances of the case, the tribunal is correct in law in holding that the interest income of rs. 1,98,791 is exempt from income-tax for the assessment year 1975-76 ?' 2. before the .....

C. Anjaneya Reddy Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2002(6)ALD798; 2003(1)ALT139

..... the indian administrative service can be made by competitive examination; by selection of persons from among the emergency commissioned officers and short service commissioned officers of the armed forces of the union; by promotion of member of a state civil service; and by selection, in special cases from among the persons who hold in a ..... before selection to the post of dg & igp and there is no reason to substitute that decision of the state government with that of the tribunal. the tribunal also rejected the contention of the petitioner that respondent no.3 was appointed in excess of the cadre strength as the petitioner himself was appointed beyond ..... of december, 1993 contravenes rule 9 of the recruitment rules and under the scheme of the act, rules and regulations it is not possible to sustain the notification in question by giving any harmonious construction to the provisions. the tribunal, therefore, was fully justified in striking down the notification dated 15 of december, 1993.43. .....

G. Narasimha Murthy Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD370; 2006(3)ALT433

..... arbitrary, discriminatory, unreasonable, irrational or unconstitutional. the learned counsel also had drawn the attention of this court to the different provisions of the administrative tribunals act, 1985, the rule making power and the competency in relation thereto and also would maintain that a particular rule cannot be held to be invalid ..... excluded judicial review in a large number of important matters. the examples of articles 136(2) and 226(4) (exclusion of review in laws relating to armed forces), article 262(2) (exclusion of review in river disputes), article 103(1) (exclusion of review in disqualification of members of parliament), article 329(a) ..... legislation is that they are framed with care and minuteness when the statutory authority making the rule, after coming into force of the act, is in a better position to adapt the act to special circumstances. delegated legislation permits utilisation of experience and consultation with interests affected by the practical operation of .....