UNION OF INDIA Vs. COL. GS GREWAL
LAWS(SC)-2014-5-52
SUPREME COURT OF INDIA
Decided on
May 28,2014
UNION OF INDIA
Appellant
VERSUS
Col. Gs Grewal
Respondents
Referred Judgements :-
LALA SHRI BHAGWAN VS. RAM CHAND [REFERRED TO]TRIBHOVANDAS PURSHOTTAMDAS THAKKAR VS. RATILAL MOTILAL PATEL [REFERRED TO]
S I ROOPLAL VS. LT GOVERNOR [REFERRED TO]
Cited Judgements :-
LT COL VIJAYNATH JHA VS. UNION OF INDIA & ORS [LAWS(SC)-2018-5-79] [REFERRED TO]DHOLE GOVIND SAHEBRAO VS. UNION OF INDIA [LAWS(SC)-2015-3-87] [REFERRED TO]
STATE OF RAJASTHAN VS. KRISHNA KUMAR [LAWS(RAJ)-2022-9-219] [REFERRED TO]
MALATI SARDAR VS. NATIONAL INSURANCE COMPANY LIMITED [LAWS(SC)-2016-1-2] [REFERRED TO]
SATISH JAMWAL AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-11-74] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. MALATI SARDAR [LAWS(CAL)-2015-7-94] [REFERRED TO]
KAILASH NARAYAN MEWAFAROSH VS. STATE OF MADHYA PRADESH AND ANOTHER [LAWS(MPH)-2018-4-38] [REFERRED TO]
MOHAMMED ANSARI VS. UNION OF INDIA [LAWS(SC)-2017-2-43] [REFERRED TO]
EX. NURSING ORDERLY A.K. BHAGAT VS. UNION OF INDIA [LAWS(DLH)-2019-10-215] [REFERRED TO]
DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD VS. DNYANOBA [LAWS(KAR)-2018-3-420] [REFERRED TO]
UNION OF INDIA VS. BRIGADIER VIKRAM AHOOJA [LAWS(TLNG)-2023-4-26] [REFERRED TO]
INDARVADAN R GANDHI VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2016-3-327] [REFERRED]
NATIONAL INSURANCE CO LTD VS. KUSUM DEVI [LAWS(CAL)-2015-7-95] [REFERRED TO]
A.K. BHAGAT VS. UNION OF INDIA [LAWS(DLH)-2019-10-255] [REFERRED TO]
M. KALIDAS VS. STATE BANK OF INDIA AND ORS. [LAWS(KAR)-2015-12-19] [REFERRED TO]
RAM MOHAN KUSHWAHA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-12-104] [REFERRED TO]
COL PURNA CHANDRA JENA VS. UNION OF INDIA & ORS [LAWS(CAL)-2019-1-73] [REFERRED TO]
SMT. CHANDRIKA BAI W/O LATE KAUSHAL DAS MANIKPURI VS. NARAYAN DAS @ NARU S/O GAUMAL MADHWANI [LAWS(CHH)-2016-10-47] [REFERRED TO]
BIPIN BIHARI SINGH VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-5-55] [REFERRED TO]
JUDGEMENT
-
(1.)This is a statutory appeal, preferred by Union of India, as provided under Section 31 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the 'AFT Act'). The appeal is filed against the judgment and order dated April 15, 2011 passed by the Armed Forces Tribunal (hereinafter referred to as the 'Tribunal), Regional Bench Chandigarh, whereby the Tribunal has partly allowed the Original Application (OA) which was preferred by the respondent herein. The appellants have not only challenged the order on merits, but have even questioned the jurisdiction of the Tribunal to deal with the subject matter which was brought before it by the respondent in the said OA.
(2.)In order to understand the nature of challenge laid to the jurisdiction of the Tribunal and the direction given while partly allowing the OA of the respondent, it would be necessary to understand the nature of relief which was sought by the respondent in the said OA as well as the background facts in which the OA seeking such a relief was filed.
(3.)The respondent joined the Indian Army as a Major. Indubitably, in that capacity he was subject to the discipline of the Army Act, 1950. It is a normal practice that the personnel belonging to the Armed Forces, namely, Army, Air Force or Naval Force, are Seconded to the other offices under the Ministry of Defence, which include Department of Defence Production, Department of Defence Research and Development and Department of Ex- Servicemen Welfare. We are concerned here with Department of Defence Production, which has Director General of Quality Assurances (DGQA for short) as well as Defence Public Sector Undertaking (DPSU). The respondent was Seconded to DGQA on November 06, 2004 in the rank of Major. At that time, it was temporary Secondment.
(2.)In order to understand the nature of challenge laid to the jurisdiction of the Tribunal and the direction given while partly allowing the OA of the respondent, it would be necessary to understand the nature of relief which was sought by the respondent in the said OA as well as the background facts in which the OA seeking such a relief was filed.
(3.)The respondent joined the Indian Army as a Major. Indubitably, in that capacity he was subject to the discipline of the Army Act, 1950. It is a normal practice that the personnel belonging to the Armed Forces, namely, Army, Air Force or Naval Force, are Seconded to the other offices under the Ministry of Defence, which include Department of Defence Production, Department of Defence Research and Development and Department of Ex- Servicemen Welfare. We are concerned here with Department of Defence Production, which has Director General of Quality Assurances (DGQA for short) as well as Defence Public Sector Undertaking (DPSU). The respondent was Seconded to DGQA on November 06, 2004 in the rank of Major. At that time, it was temporary Secondment.
Copyright © Regent Computronics Pvt.Ltd.