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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
EX RECT SHUBHAM KUMAR – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
1. The present petitions have been filed challenging the impugned discharge order dated 26.07.2021 passed under Army Rule 133 (IV) as passed in W.P. (C) No. 12871/2021 and 12928/2021 and discharge order dated 03.08.2021 in W.P. (C) 12948/2021. Petitioners also seek directions to the respondents to reinstate Petitioners in the Army and grant them the same seniority as their batchmates. Petitioners further seek directions to the Respondents to conduct re-verification from various sources about petitioners’ residence and allow them reinstatement if found accurate and correct.
2. Since the prayers and the issues raised in these petitions are same, therefore, with the consent of learned counsel for parties, these petitions have been heard together and are being disposed of by this common judgment.
3. Learned counsel appearing on behalf of the respondents have raised preliminary issues that the petitioners are enrolled in the Army and discharged under the Army rules. Therefore, this Court has no jurisdiction.
4. Moreover, learned counsel for the respondents submit that the same and similar issue has already been dealt with by this Court in W.P. (C) No. 465/2023 titled as Ex Recrui
All service matters, including the recruitment process for any post in the Armed Forces, must be initially addressed under Section 14 of the Armed Forces Tribunal Act, 2007 before the jurisdictional ....
High Court lacks territorial jurisdiction to review Tribunal's decisions from Principal Bench in New Delhi, affirming jurisdictional rules established by Supreme Court.
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.
Competence of the Armed Forces Tribunal to hear challenges to policies and decisions of the Air Force.
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