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RAJIV SAHAI ENDLAW, AMIT BANSAL
Col Anshuman – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - On 25th May, 2021, when this petition came up first before us, the following order was passed:-
"3. The petitioner, a Colonel in the respondents Indian Army, has instituted this petition, (i) impugning the continuance of his attachment, initially ordered on 26th November, 2019 purportedly on account of pendency of disciplinary proceedings against him, in spite of the respondents Indian Army themselves on 3rd March, 2020 certifying that no disciplinary proceedings were in progress against the petitioner; and, (ii) seeking a mandamus to the respondents Indian Army to initiate a formal Court of Inquiry to investigate the allegations made by the petitioner in his complaint dated 13th February, 2019, against the respondent No.6 Brig. Sandeep Kumar.
4. Finding the order of attachment to be a part of the disciplinary action, we have at the outset only enquired from the counsel for the petitioner, whether not the jurisdiction to entertain the present lis would be of Armed Forces Tribunal (AFT) under the Armed Forces Tribunal Act, 2007.
5. The counsel for the petitioner states that attachment is akin to transfers/postings, which under Section 3(o) of the Act a
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 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 sharing of sensitive information by a military officer, jeopardizing security, constitutes willful negligence warranting reprimand, regardless of prior findings of not guilty.
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.
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