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ABHAY S. OKA, SANJAY KAROL
Union Of India – Appellant
Versus
AIR Commodore N. K. Sharma (17038) ADM/LGL – Respondent
JUDGMENT :
(Sanjay Karol J.)
1. This Civil Appeal, under Section 31(1) 1[31. Leave to appeal.—(1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme Court that the point is one which ought to be considered by that Court.] of the Armed Forces Tribunal Act, 20072[Referred to as “the Act”], at the instance of the Union of India, is directed against the judgment and order dated 30th November 2015, passed by the Armed Forces Tribunal, Principal Bench, New Delhi in Original Application No. 537 of 2014.
For ease, the Union of India is hereafter referred to as the Appellants and Air Commodore NK Sharma, is referred to as the Respondent.
BRIEF FACTS
2. A brief conspectus of facts, as relevant for adjudication of this appeal is-
2.1 The Respondent was commissioned in the Administrative Branch of the Indian Air Force on 29th December, 1982.
2.2 In 1989, he voluntarily underwent training for the Air Force Judge Advocate course in accordance with Air Force Instruction 74/713[Hereafter referred to as
Armed Forces Tribunal would be subject to jurisdiction of High Court in Article 226 – Tribunal subject to High Court’s jurisdiction under Article 226, cannot be permitted by law, to direct framing of....
The main legal point established in the judgment is the determination of the maintainability of the petition and the jurisdiction of the Armed Forces Tribunal to hear challenges to the vires of subor....
The power of judicial review under Article 226 of the Constitution is a basic feature and cannot be curtailed by legislation. The rule of alternative remedy is a rule of prudence and not a rule of la....
The Central Administrative Tribunal lacks jurisdiction over grievances related to combatised personnel within the armed forces, distinguishing them from civilian staff.
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