Back
JAY SENGUPTA
Colonel Partha Pratim Dubey – Appellant
Versus
Union of India – Respondent
JUDGMENT :
JAY SENGUPTA, J.
1. This is an application under Article 226 of the Constitution of India, inter alia, praying for setting aside of the order of attachment dated 25th March, 2022 issued by the respondents, the movement order dated 25th March, 2022 as well as the orders dated 2nd April, 2022 and 5th April, 2022 regarding handing over charge by the petitioner to his superior in the Army establishment.
2. Learned counsel appearing on behalf of the petitioner submits as follows. First, on the question of maintainability of this application, it is submitted that the present application is being moved before this Court as the learned Armed Forces Tribunal is lying vacant. On this, reliance is placed on a decision of a Hon’ble Division Bench of this Court in Colonel Nikhil Pareek vs. Union of India & Ors. in MAT 19 of 2021 with IA No. CAN 1 of 2021. The petitioner is a colonel in the Indian Army. He is a meritorious officer who had also served under extreme conditions in Arunachal Pradesh. In June 2021, he was sent to his posting in question at 33 Corps Intelligence Battalion. He was posted as the Commanding Officer of the said battalion. During the course of his employment, the p
The court can exercise its jurisdiction under Article 226 of the Constitution to deal with matters of exigent nature when the Armed Forces Tribunal is not functioning.
The main legal point established in the judgment is the jurisdiction of the Armed Forces Tribunal (AFT) under the Armed Forces Tribunal Act, 2007 and its applicability to service matters in the India....
Jurisdiction over service matters and attachment orders lies primarily with the Armed Forces Tribunal; the High Court only intervenes in exceptional cases.
The main legal point established in the judgment is that in matters falling within the jurisdiction of the Armed Forces Tribunal, a petition under Article 226 of the Constitution of India may not be ....
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.
The plea of limitation is a mixed question of fact and law, and the jurisdiction and power to attach a person against whom disciplinary proceedings are contemplated are enshrined in the army act and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
