MAJ SAURABH SAHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) NOTICE .

(2.) THE petitioner is aggrieved by an order of the Armed Forces Tribunal (AFT) whereby his application under Section 15(3) of the Armed Forces Tribunal Act, 2007 being OA No.80/2013 was dismissed.

(3.) IT is urged by learned senior counsel for the petitioner that the jurisdiction under Section 15(3) has not, in any manner, been limited by Section 153 of the Army Act. She contended that the Full Bench of the AFT in its previous order in OA No.471/2010 had held that under Section 15, the Tribunal's jurisdiction is not in any manner constrained by the provisions of the Army Act (Section 164), and that being an independent adjudicatory mechanism, the Tribunal can go into the questions of legality raised before it regardless of the outcome of statutory applications or petitions.