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2023 Supreme(Del) 169

MANMOHAN, SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Amar Singh Ex Nb Sub – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Suraj Mal Dalal, Advocate
For the Respondent:Mr. Harish Vaidyanathan Shankar, Mr. Srish Kumar Mishra, Sagar Mehlawat, Alexander Mathai Paikaday, Advocate with Major Partho Katyayan,

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:

    “3. Learned counsel for the respondents in W.P.(C) 8171/2020 has drawn the attention of this Court to the decision dated 11.10.2022 in W.P. (C) 14385/2022 titled as Major Nishant Kaushik vs. Union of India and Ors. whereby this Court has observed 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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