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