ACTING CDR C GOPINATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These three writ petitions are filed assailing the orders passed by the Armed Forces Tribunal, Regional Bench, Chennai in O.A. No. 64 of 2011 dated 23.11.2011, T.A. No. 32 of 2010, dated 16.7.2010 and O.A. No. 49 of 2011 dated 4.1.2012 respectively. At the outset a preliminary objection has been raised on behalf of the respondents as to the very maintainability of the writ petitions on the ground that against the orders impugned a remedy of appeal is provided to the Supreme Court under Section 30 of the Armed Forces Tribunal Act, 2007. Since the said objection goes to the root of the matter, we propose to consider the said issue relating to maintainability of the writ petitions in the first place.

(2.) The Armed Forces Tribunal Act, 2007 has been enacted providing for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders, findings or sentences of Courts-Martial held under the said Acts and for matters connected therewith or incidental thereto. Under Section 4 of the said Act, Tribunals known as the Armed Forces Tribunal has been established by the Central Government to exercise the jurisdiction, powers and authority conferred on it by or under the said Act. Section 14 of the Armed Forces Tribunal Act, 2007 provides that save as otherwise expressly provided in the said Act, the Tribunal shall exercise on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts (except the Supreme Court or a High Court exercising jurisdiction under Article 226 and 227 of the Constitution) in relation to all service matters. Section 29 further provides that subject to the other provisions of the said Act and the Rules made there under the order of the Tribunal disposing of an application shall be final and shall not be called in question in any Court and such order shall be executed accordingly. Section 30 which provides for an appeal to the Supreme Court and Section 31 which deals with leave to appeal read as under:

(3.) A plain reading of the above provision shows that a remedy of appeal is available under Section 30 against any final order passed by the Tribunal with the leave of the Tribunal as provided under Section 31 of the Act. In case leave is refused by the Tribunal, an application to the Supreme Court for leave can be made as provided 'under sub-section (2) of Section 31 of the Act. So far as any order or decision of the Tribunal made under Section 19 in exercise of its jurisdiction to punish for contempt is concerned, under sub-section (2) of Section 30 an appeal lies to the Supreme Court as of right.