UNION OF INDIA Vs. S.S. RATHORE

JUDGEMENT

(1.) THIS intra -court appeal is directed against the order dated 04.03.2011, as passed by the learned Single Judge of this Court in

(2.) THE said writ petition was filed by the respondent of this appeal, for being aggrieved of the order dated 01.12.2010, as passed by the Armed Forces Tribunal at its Jaipur Bench ('the Tribunal') whereby, the Tribunal declined to entertain his application against the punishment order issued under Section 82 of the Air Force Act. The Tribunal was of the view that any other punishment, except the punishment of dismissal awarded under Section 82 of the Air Force Act, cannot be considered to be the "service matter" within the meaning of the Armed Forces Tribunal Act, 2007 ('the Act of 2007') and, therefore, it had no jurisdiction to entertain, hear and decide the application filed by the present respondent.

(3.) IT remains indisputable that the aforesaid order dated 04.03.2011 was passed by the learned Single Judge without issuing notices to the other side, i.e., the appellants herein.