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Sandeep Yadav – Appellant
Versus
Armed Forces Tribunal, Regional Bench At Lucknow – Respondent
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. The present writ petition is filed by the petitioner challenging the order dated 28th October, 2021 passed by the Armed Forces Tribunal (RB), Lucknow in Original Application No.208 of 2017, Sandeep Yadav Vs. Union of India and others. The petitioner has further challenged discharge/dismissal order dated 7th March, 2017 passed by respondent no.5 and order dated 10th January, 2017 passed by the Director General Recruiting/Recruiting B AG's Branch, Integrated Head Quarter of Ministry of Defence (Army), New Delhi.
2. The brief facts of the case arising in the present writ petition are that the petitioner was enrolled in the Army on 4th June, 2014 and he underwent basic military training at The Parachute Regimental Training Centre w.e.f. 4th August, 2014. On completion of basic military training, he was sent to Maratha Light Regimental Centre for technical training of Clerk (Staff Duties) which commenced on 22nd December, 2014. However, the petitioner failed in midterm test and was relegated thrice in terms of policy letter dated 6th January, 1995 31 and 10th April, 1996. According to aforesaid policy, a recruit who could not pass even after relegating a
The power of judicial review under Article 226 of the Constitution is a basic feature and cannot be curtailed by legislation. The rule of alternative remedy is a rule of prudence and not a rule of la....
The main legal point established in the judgment is that the power of judicial review vested in the High Court under Article 226 of the Constitution is discretionary and extraordinary, and should not....
The power of judicial review under Articles 226 and 227 of the Constitution is a basic and inalienable human right, forming part of the basic structure of the Constitution, and cannot be taken away b....
Point of Law : No person has a right of appeal against the final order or decision of the Tribunal to the Supreme Court other than those falling under Section 30(2) of the Act, but it is statutory ap....
The punishment of reduction in rank and deprivation of badges of good conduct awarded in summary trial are amenable to the Jurisdiction of the Armed Forces Tribunal.
Jurisdiction depends on the person or authority passing the order being within those territories and the residence or location of the person affected can have no relevance on the question of the High....
The Court determined that minor punishments, including reprimands, fall under 'service matters,' thus the Armed Forces Tribunal has jurisdiction to hear such cases despite their non-dismissal nature.
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