MANMOHAN, SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Amar Singh Ex Nb Sub – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J:
1. A reference has been made in the aforementioned case of Amar Singh Ex NB Sub & ors to determine whether the right of Appeal against the Final Orders of the Armed Forces Tribunal under Sections 30 and 31 of the Armed Forces Act, 2007 (Hereinafter referred to as Act, 2007), excludes the remedy of Judicial Review by the High Court in exercise of its Writ Jurisdiction. It reads as under:
“6. As apparent there from, the scope of an appeal from a final decision or order of the Tribunal before the High Court is extremely limited and is restricted to the power of judicial review, which is to be exercised only when it is examining the decision-making process or when it is to interfere only for correcting the errors of jurisdiction or when it is for correcting errors apparent on the face of record or when the Tribunal acts illegally. Therefore, ordinarily no appeal from a final decision or order of the Tr
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