JUDGMENT

A.K. SIKRI, J.

This is a statutory appeal, preferred by Union of India, as provided under Section 31 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the 'AFT Act'). The appeal is filed against the judgment and order dated April 15, 2011 passed by the Armed Forces Tribunal (hereinafter referred to as the 'Tribunal), Regional Bench Chandigarh, whereby the Tribunal has partly allowed the Original Application (OA) which was preferred by the respondent herein. The appellants have not only challenged the order on merits, but have even questioned the jurisdiction of the Tribunal to deal with the subject matter which was brought before it by the respondent in the said OA.

2. In order to understand the nature of challenge laid to the jurisdiction of the Tribunal and the direction given while partly allowing the OA of the respondent, it would be necessary to understand the nature of relief which was sought by the respondent in the said OA as well as the background facts in which the OA seeking such a relief was filed.

3. The respondent joined the Indian Army as a Major. Indubitably, in that capacity he was subject to the discipline of the Army Act, 1950. It is a norma