JUDGEMENT
Govind Mathur, J. -
(1.) The petitioner, a Sergeant with Indian Air Force was summarily tried by the Commending Officer for overstay after availing leave and was punished with severe reprimand. Being aggrieved by the same, the petitioner approached to the Armed Force Tribunal, Jaipur Bench by way of filing an application. The Tribunal rejected the application by holding that it has no jurisdiction to entertain and decide the application challenging the punishment except punishment of dismissal awarded under Section 82 of the Air Forces Tribunal Act, 2007 (for short 'the Act of 2007' hereinafter). On dismissal of the application, challenge to the punishment imposed is given by way of filing this petition for writ.
(2.) As per Section 14 of the Act of 2007, the Tribunal is having jurisdiction, power and authority to adjudicate all service matters relating to the members of armed forces. The term "service matter" is defined under Section 3(o) of the Act of 2007 and that reads as follows:-
"Section 3(o)- "Service matters", in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include-
(i)- remuneration (including allowances), pension and other retirement benefits;
(ii)- tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;
(iii) - summary disposal and trials where the punishment of dismissal is awarded;
(iv)- any other matter, whatsoever,"
(3.) As per the definition aforesaid, all service matters including matters relating to remuneration (including allowances), pension and other retirement benefits; tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions; summary disposal and trials where the punishment of dismissal is awarded and any other matter, whatsoever is included in the term service matters.;
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