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2013 Supreme(MP) 872

S.A.BOBDE, AJIT SINGH
Ravindra Nath Tripathi – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. O.P. Namdev, Advocate for the Respondents
Mr. Rajendra Tiwari, Sr. Advocate , Mr. Abhishek Tiwari, Advocates as Amicus Curiae.

JUDGMENT :

As per S.A. Bobde; CJ.:-

A question is raised by the respondents whether the petitioner has an alternative remedy under Section 14 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as "the AFT Act").

2. The petitioner has approached this Court for relief against the order dated 27-7-2000 imposing a punishment of discharge from service on him. In addition, he has questioned the constitutionality of Sections 82, 83, 84 and 86 of the Air Force Act, 1950 being ultra vires Article 14 of the Constitution of India; Rules 24 and 31 of the Air Force Rules, 1969 being ultra vires Article 14 of the Constitution of India; Section 50 (b) of the Air Force Act, 1950 being ultra vires Article 22 (2) of the Constitution of India and Rule 15 (2) (g) (ii) of the Air Force Rules, 1969 being ultra vires Article 20 (2) of the Constitution of India.

According to the respondents the petitioner has equally efficacious alternative remedy under Section 14 of the AFT Act, which enables a person aggrieved by an order pertaining to any service matter may make an application to the Tribunal for redressal. Since the question raised on behalf of the respondents is of general importance we requ






































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