- (1.) These three writ petitions are filed assailing the orders passed by the Armed Forces Tribunal, Regional Bench, Chennai in O.A. No. 64 of 2011 dated 23.11.2011, T.A. No. 32 of 2010, dated 16.7.2010 and O.A. No. 49 of 2011 dated 4.1.2012 respectively. At the outset a preliminary objection has been raised on behalf of the respondents as to the very maintainability of the writ petitions on the ground that against the orders impugned a remedy of appeal is provided to the Supreme Court under Section 30 of the Armed Forces Tribunal Act, 2007. Since the said objection goes to the root of the matter, we propose to consider the said issue relating to maintainability of the writ petitions in the first place.
(2.) The Armed Forces Tribunal Act, 2007 has been enacted providing for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders, findings or sentences of Courts-Martial held under the said Acts and for matters connected therewith or incidental thereto. Under Section 4 of the said Act, Tribunals known as the Armed Forces Tribunal has been established by the Central Government to exercise the jurisdiction, powers and authority conferred on it by or under the said Act. Section 14 of the Armed Forces Tribunal Act, 2007 provides that save as otherwise expressly provided in the said Act, the Tribunal shall exercise on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts (except the Supreme Court or a High Court exercising jurisdiction under Article 226 and 227 of the Constitution) in relation to all service matters. Section 29 further provides that subject to the other provisions of the said Act and the Rules made there under the order of the Tribunal disposing of an application shall be final and shall not be called in question in any Court and such order shall be executed accordingly. Section 30 which provides for an appeal to the Supreme Court and Section 31 which deals with leave to appeal read as under: 30. Appeal to the Supreme Court:- (1) Subject to the provisions of section 31, an appeal shall lie to the Supreme Court against the final decision or order of the Tribunal (other than an order passed under Section 19): Provided that such appeal is preferred within a period of ninety days of the said decision or order: Provided further that there shall be no appeal against an interlocutory order of the Tribunal. (2) An appeal shall lie to the Supreme Court as of right from any order or decision of the Tribunal in exercise of its jurisdiction to punish for contempt: Provided that an appeal under this sub-section shall be filed in the Supreme Court within sixty days from the date of the order appealed against. (3) Pending any appeal under sub-section (2), the Supreme Court may order that- (a) the execution of the punishment or the order appealed against the suspended; or (b) if the appellant is in confinement, he be released on bail: Provided that where an appellant satisfies the Tribunal that he intends to prefer an appeal, the Tribunal may also exercise any of the powers conferred under clause (a) or clause (b), as the case may be. 31. Leave to appeal:- (1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme court that the point is one which ought to be considered by that Court. (2) An application to the Tribunal for leave to appeal to the Supreme Court shall be made within a period of thirty days beginning with the date of the decision of the Tribunal and an application to the Supreme Court for leave shall be made within a period of thirty days beginning with the date on which the application for leave is refused by the Tribunal. (3) An appeal shall be treated as pending until any application for leave to appeal is disposed of and if leave to appeal is granted, until the appeal is disposed of; and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it might have been made, but it is not made within that time.
(3.) A plain reading of the above provision shows that a remedy of appeal is available under Section 30 against any final order passed by the Tribunal with the leave of the Tribunal as provided under Section 31 of the Act. In case leave is refused by the Tribunal, an application to the Supreme Court for leave can be made as provided 'under sub-section (2) of Section 31 of the Act. So far as any order or decision of the Tribunal made under Section 19 in exercise of its jurisdiction to punish for contempt is concerned, under sub-section (2) of Section 30 an appeal lies to the Supreme Court as of right.;