UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE, NEW DELHI Vs. AJAY KUMAR SON OF SHRI RAJENDRA SINGH

JUDGEMENT

(1.) The present Letters Appeal has been filed by Union o! India against order dated 1.3.2005 passed in C.W.J.C. No. 13148 of 2003.

(2.) An objection has been taken by the learned counsel appearing on behalf of the Union of India on maintainability of the writ petition itself on the ground of enactment of the Armed Forces Tribunal Act, 2007 (55 of 2007) (hereinafter referred to as the "Act"). However, relying upon Section 34 of this Act, learned Sr. Counsel appearing on behalf of the respondents has contended that the Tribunal has no power whatsoever to exercise the powers of the High Court under Articles 226 and 227 of the Constitution of India and, therefore, the Tribunal is not an appropriate authority to go into the merits of the case.

(3.) We had also an occasion to go into the provisions of Armed Forces Tribunal Act, 2007 . The objective of the Act is to provide 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 Court Martial held under the said Acts and for matters connected therewith or incidental thereto.