MANOJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was an Airman. By proceedings, dated 25.04.2014, he was discharged from services as per the provisions of the Armed Forces Rules, 1969, and was transferred to Pension Establishment otherwise than at his own request. Aggrieved by the said order and also seeking consequential benefits, the petitioner filed O.A.No.73 of 2015 before the Armed Forces Tribunal Regional Bench, Chennai. The said case was considered by the Circuit Bench at Hyderabad. It appears from the reading of the order that when the O.A. was taken up for consideration, the Tribunal noticed that the relief sought for by the petitioner cannot be granted since the petitioner did not impeach the punishment against him which was the basis for his discharge. At that stage, learned counsel representing the petitioner sought leave of the Tribunal for withdrawing the O.A. with liberty to file a fresh application. Recording the same, the O.A. was dismissed as withdrawn.

(2.) Learned counsel for the petitioners informs the Court that the petitioner has since filed O.A. No.121 of 2015 impeaching the punishment imposed against him, however, challenging the very same order of discharge, dated 25.04.2014, this writ petition is filed.

(3.) Learned counsel for the petitioner would contend that the Tribunal has no jurisdiction to adjudicate the grievance since the petitioner is not covered by definition of Service matters as provided in Section 3(o)(iii) of the Armed Forces Tribunal Act, 2007 (for short, the Act), and, therefore, this writ petition is filed.