AKHIL G Vs. UNION OF INDIA

JUDGEMENT

(1.) When the matter was taken up for admission, the Court raised a question as to whether the proper forum for adjudicating the grievances of the petitioner is not the Armed Forces Tribunal under the Armed Forces Tribunals Act, 2007. The Central Government Counsel appearing would submit that there is still some doubt regarding the same since in respect of appointment and enrolment, the Tribunal takes a view that the Tribunal does not have jurisdiction in so far as going by the definition of "service matters" in Section 3 (o), only over persons subject to the Army Act, 1950, the Tribunal will have jurisdiction and persons seeking appointment and enrolment concerned do not become subject to the Army Act. Therefore, I have considered the question as to whether the petitioner should be relegated to the remedy by way of approaching the Armed Forces Tribunal.

(2.) Section 14 deals with the jurisdiction, powers and authority of the Armed Forces Tribunal in service matters. Section 14 reads thus:

(3.) I am of opinion that to hold that in respect of appointment and enrolment, Tribunal would not have jurisdiction because the persons seeking appointment and enrolment are not yet subject to the Army Act is a narrow view. In respect of appointment and enrolment also, what is applicable is the Army Act itself. This is fortified by the preamble of the Act which reads thus: