Back
ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Ls Gi (S) Abhishek Kumar – Appellant
Versus
Union Of India Thru. Secy. Ministry Of Defence (Navy), New Delhi – Respondent
JUDGMENT :
Om Prakash Shukla, J.
This judgment has been divided into following sections to facilitate analysis :
|
| INDEX | PAGE NO |
| A | Introduction | 1 |
| B | Factual Matrix | 2 |
| C | Submissions | 5 |
| D | Issues | 11 |
| E | Rules & Article | 11 |
| F | Analysis & Findings | 18 |
| G. | Conclusion | 32 |
A. INTRODUCTION
(1) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India for quashing the following two judgments/orders of the learned Armed Forces Tribunal, Regional Bench at Lucknow (hereinafter referred to as ‘Tribunal’) :
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.
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.
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 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....
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
