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2011 DIGILAW 491 (RAJ)

Sgt. S. S. Rathore v. Union of India

2011-03-04

GOVIND MATHUR

body2011
JUDGMENT 1. - The petitioner, a Sergeant with Indian Air Force was summarily tried by the Commending Officer for overstay after availing leave and was punished with severe reprimand. Being aggrieved by the same, the petitioner approached to the Armed Force Tribunal, Jaipur Bench by way of filing an application. The Tribunal rejected the application by holding that it has no jurisdiction to entertain and decide the application challenging the punishment except punishment of dismissal awarded under Section 82 of the Air Forces Tribunal Act, 2007 (for short 'the Act of 2007' hereinafter). On dismissal of the application, challenge to the punishment imposed is given by way of filing this petition for writ. 2. As per Section 14 of the Act of 2007, the Tribunal is having jurisdiction, power and authority to adjudicate all service matters relating to the members of armed forces. The term "service matter" is defined under Section 3(o) of the Act of 2007 and that reads as follows : "Section 3(o)- "Service matters", in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include- (i)- remuneration (including allowances), pension and other retirement benefits; (ii)- tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions; (iii) - summary disposal and trials where the punishment of dismissal is awarded; (iv)- any other matter, whatsoever," 3. As per the definition aforesaid, all service matters including matters relating to remuneration (including allowances), pension and other retirement benefits; tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions; summary disposal and trials where the punishment of dismissal is awarded and any other matter, whatsoever is included in the term service matters. 4. The jurisdiction of the Tribunal is quite wide and all the matters relating to service condition including the matters referred above are required to be adjudicated by it. It is further pertinent to note that as per Clause (iv), the term "any other matter, whatsoever" further clarify that all service matters except prescribed by way of specific exclusion are required to be adjudicated by the Tribunal. It is further pertinent to note that as per Clause (iv), the term "any other matter, whatsoever" further clarify that all service matters except prescribed by way of specific exclusion are required to be adjudicated by the Tribunal. The exclusions given are as under:- "(i)- orders issued under Section 18 of the Army Act, 1950 (46 of 1950), sub-section (1) of Section 15 of the Navy Act, 1957 (62 of 1957), and Section 18 of the Air Force Act, 1950 (45 of 1950), and (ii)- transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950 (46 of 1950) the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950)." 5. The Tribunal, thus, is having jurisdiction to adjudicate all matters relating to conditions of the service of the members of Armed Forces except the above two exclusions. The order dated 1.12.2010, therefore, is apparently erroneously, the same, therefore, is quashed. The Tribunal is directed to consider the application submitted by the petitioner on its merits. 6. The petition for writ stands disposed of.Petition Disposed of. *******