Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces Tribunal Act 2007 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Air Force Act, 1950 (45 of 1950) Armed Forces Tribunal Act, 2007 (55 of 2007) Army Act, 1950 (46 of 1950) Navy Act, 1957 (62 of 1957) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | .Armed Forces Tribunal Act, 2007 : s. 3(o) – Commissioned Officer (appellant) in Indian Army – Inducted in an organization (DGQA) functioning under Ministry of Defence – Refusal of permanent secondment to the appellant in DGQA – Refusal order challenged before Armed Forces Tribunal – Dismissed as not maintainable – On appeal, held: Enumerations under s. 3(o) indicate that they all relate to matters relating to conditions of service pertaining to the conditions of service of persons subject to Army Act, Navy Act and Air Force Act – Impugned order before the Tribunal was by a different organization – Therefore, cannot be held to be service matter within the meaning of s. 3(o) – ss. 27 and 33 of Army Act are also not applicable in the present case – Army Act, 1950 – ss. 27 and 33 – Navy Act, 1957 – Air Force Act, 1950.. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 540 |
Petitioner | Lt. Col. Vijaynath Jha |
Respondent | Union Of India And Ors. |
SCR | [2018] 4 S.C.R. 560 |
Judgement Date | 2018-05-18 |
Case Number | 2020 |
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