The Armed Forces Tribunal has jurisdiction over appointment and enrolment matters under the Armed Forces Tribunals Act, 2007, as these relate to the Army Act, 1950.

J U D G M E N T

When the matter was taken up for admission, the Court raised a question as to whether the proper forum for adjudicating the grievances of the petitioner is not the Armed Forces Tribunal under the Armed Forces Tribunals Act, 2007.

2. The Central Government Counsel appearing would submit that there is still some doubt regarding the same since in respect of appointment and enrolment, the Tribunal takes a view that the Tribunal does not have jurisdiction in so far as going by the definition of “service matters” in Section 3 (o), only over persons subject to the Army Act, 1950, the Tribunal will have jurisdiction and persons seeking appointment and enrolment concerned do not become subject to the Army Act. Therefore, I have considered the question as to whether the petitioner should be relegated to the remedy by way of approaching the Armed Forces Tribunal.

3. Section 14 deals with the jurisdiction, powers and authority of the Armed Forces Tribunal in service matters.Section 14 reads thus:

“JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL

14. Jurisdiction, powers and authority in service matters.- (1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under article 226 and 227 of the Constitution) in relation to all service matters.

(2) Subject to the other provisions of this Act, a person aggrieved by an order pertaining to any service matter may make an application to the Tribunal in such form and accompanied by such documents or other evidence and on payment of such fee as may be prescribed.

(3) On receipt of an application relating to service matters, the Tribunal shall, if satisfied after due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing.

(4) For the purpose of adjudicating an application, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely;-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of section 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;

(e) issuing commission for the examination of witnesses or documents;

(f) reviewing its decisions;

(g) dismissing an application for default or deciding it ex parte;

(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and

(i) any other matter which may be prescribed by the Central Government.

(5) The Tribunal shall decide both questions of law and facts that may be raised before it.”

(underlining supplied)

“Service matters” referred to in Section 14 is defined in Section 3 (0) as follows:

3. (o) “service matters”, in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include-

(i) remuneration (including allowances), pension and other retirement benefits;

(ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termi