MAJOR NISHANT KAUSHIK Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition, the petitioner challenges the final decision of the Armed Forces Tribunal (hereinafter referred as "Tribunal") dtd. 10/8/2022 seeking the following reliefs: -

(2.) At the outset, we note that an independent Tribunal was constituted for due administration of justice and for disposal of large number of cases relating to the service matters of the three-armed forces of the Union pending since long time. In view thereof, a new enactment-The Armed Forces Tribunal Act, 2007 (hereinafter referred as 'Act') was enacted for redressal of the numerous pending complaints regarding service matters and appeals therefrom to provide for a speedier dispensation of justice in the most affordable manner. The relevant portion of the 'Statement of Objects and Reasons' of the Act are reproduced as under:

(3.) As per Sec. 30 of the Act, all appeals of the present nature against the final decision or order of the Tribunal, shall lie before the Apex Court. There is no provision of an appeal against any such final decision or order of the Tribunal before any other forum(s) like the High Court(s).