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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, C.J., KSHITIJ SHAILENDRA
Sachin Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition against tribunal's dismissal (Para 1 , 2 , 3) |
| 2. jurisdictional objections and submissions (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. supreme court's guidance on jurisdiction (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. precedents regarding territorial jurisdiction (Para 17 , 18 , 19 , 20 , 21) |
| 5. writ petition dismissed for lack of jurisdiction (Para 22) |
JUDGMENT :
1. This petition is directed against order 19.09.2025 passed by the Armed Forces Tribunal, Principal Bench, New Delhi.
2. The petitioners had filed Original Applications ('OAs') before the Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007 whereby they were discharged from service locally on academic grounds and prayed for quashing of the impugned order, seeking reinstatement with all consequential benefits.
3. The OAs filed by the petitioners were heard along with few other OAs and the Tribunal by the order impugned came to the conclusion that the OAs were devoid of merit and consequently, dismissed the same. Aggrieved of the order passed by the Principal Bench of the Tribunal at New Delhi, the present petition has been filed.
4. Counsel for the respondents raised preliminary objection that as the o
High Court lacks territorial jurisdiction to review Tribunal's decisions from Principal Bench in New Delhi, affirming jurisdictional rules established by Supreme Court.
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 main legal point established in the judgment is that in matters falling within the jurisdiction of the Armed Forces Tribunal, a petition under Article 226 of the Constitution of India may not be ....
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....
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
Territorial jurisdiction of the court is determined based on the material, essential, or integral part of the cause of action, and consent cannot confer jurisdiction upon the court.
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
The main legal point established in the judgment is that while writ petitions under Article 226 are maintainable against orders of the AFT, petitions under Article 227 cannot be filed before the cour....
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