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G. S. KULKARNI, JITENDRA JAIN
Lt. Col. Anjan Kumar Sinha – Appellant
Versus
Union of India – Respondent
JUDGMENT :
G.S.Kulkarni, J.
Not on board. Taken on board on an application being moved on behalf of the petitioner.
2. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has assailed an order dated 19th June 2023 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai in O.A. No.330 of 2023 whereby his Original Application has been dismissed on the ground that the Central Administrative Tribunal did not have jurisdiction to entertain the original application, leaving him to seek redressal of his grievances, before the Armed Forces Tribunal. The operative part of the impugned order reads thus :-
3. The relevant facts are required to be noted. The petitioner was appointed in the services of the Indian Army. In r
The Armed Forces Tribunal has exclusive jurisdiction over service matters concerning members of the armed forces, including those on deputation, as defined under the Armed Forces Tribunal Act, 2007.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
The Central Administrative Tribunal lacks jurisdiction over grievances related to combatised personnel within the armed forces, distinguishing them from civilian staff.
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
Service Law - Post of Presenting Officer – Sought to Direct respondent to continue petitioner on deputation till expiry of this remaining tenure as extended by the Competent Authority with all conseq....
Premature repatriation of a deputationist must comply with natural justice principles and procedural norms, and authority must be competent as per relevant statutes.
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
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