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CENTRAL ADMINISTRATIVE TRIBUNAL
Kumar Rajesh Chandra, A, Rajveer Singh Verma, J
Jairanjan Pandey – Appellant
Versus
Union of India – Respondent
O.A. No. 051/00614/2025
For the Appellants/Petitioners: Mr. Satish Prasad
For the Respondents: Mr. Pravin Kumar Pandey
Jurisdiction of Administrative Tribunal does not extend to members of armed forces, including CRPF.
Headnote:The Applicant challenged the dismissal order issued against him as a Constable in the CRPF, but the Tribunal determined jurisdiction issues based on Section 2(a) of the Administrative Tribunals Act, 1985, and Article 246 of the Constitution regarding armed forces. The CRPF is classified as an armed force, thus excluding it from tribunal jurisdiction, resulting in the dismissal of the application. The court concluded that the application is not maintainable due to lack of jurisdiction.
| Table of Content |
|---|
| 1. applicant's dismissal as crpf member. (Para 3) |
| 2. jurisdictional analysis of armed forces. (Para 4 , 5 , 6 , 7 , 8) |
| 3. decision on maintainability of the application. (Para 9) |
PER:-KUMAR RAJESH CHANDRA,MEMBER [A]
1. Heard learned counsel for the parties.
2. Learned counsel for the applicant has prayed for issuance of notice after arguing for some time.
3. The present Original Application has been filed by the applicant assailing the order of dismissal passed against him in the capacity of a Constable of the Central Reserve Police Force (CRPF).
4. At the very outset, it is necessary to examine the maintainability of the matter before this Tribunal. Section 2 (a) of the Administrative Tribunals Act , 1985 categorically provides that, “the provisions of this Act shall not apply to any member of the naval, military or air forces or of any other armed forces of the Union.”
5. Further, Article 246 of the Constitution of India read with Entry 2 of List I of the Seventh Schedule stipulates that “armed forces of the Union of India includes the naval, military and air forces as well as any other armed forces of the Union”.
6. Section 3(1) of the CRPF Act , 1949 specifically declares the CRPF to be an “armed force of the Union.” The Hon’ble Supreme Court, in a catena of decisions including those concerning the applicability of Old Pension Scheme (OPS) versus New Pension Scheme (NPS), has consistently recognized that Central Armed Police Forces (CAPFs) such as CRPF are “armed forces of the Union.” A distinction has also been drawn between the “armed forces of India” (Navy, Military, Air Force) and the broader expression “armed forces of the Union,” the latter encompassing CAPFs like CRPF, as well as armed forces of India.
7. To obviate further controversy, the Ministry of Home Affairs issued a Circular dated 06.08.2004 wherein it was clarified that CRPF and other CAPFs fall within the ambit of “armed forces of the Union”
and are described as such.
8. In view of the aforesaid statutory provisions and authoritative pronouncements, it is clear that the CRPF being an armed force of the Union stands excluded from the jurisdiction of this Tribunal by virtue of Section 2 (a) of the Administrative Tribunals Act , 1985.
9. Accordingly, the Original Application is held to be not maintainable for want of jurisdiction and is dismissed in limine. No order as to costs.
