- (1.) On the question of jurisdiction of the Armed Forces Tribunal, both the learned counsel for the parties though admit that the present petitioner, is covered by the provisions of Army Act, 1950, however, the learned counsel for the petitioner, Mr. S.K. Nanda, submitted that since the issue involved in the present case does not fall within the definition of 'Service Matters' as defined under Section 3 (o) of the Armed Forces Tribunal Act, 2007 (for short, hereinafter referred to as 'Act of 2007') as it the impugned order passed in summary Court Marshal and the punishment is not by way of dismissal or imprisonment for more than three months, therefore, the Armed Forces Tribunal, will not have the jurisdiction over the present case and thus the case deserves to be heard here.
(2.) He also relied upon the order passed by the Division Bench of the Armed Forces Tribunal, Jaipur Bench, on 18.01.2011 in the case of T.A. No.184/2010 M.S. Bhati Vs. UOI & Ors., transferring back the case to this Court for adjudication.
(3.) On the other hand, Mr. V.K. Mathur, learned counsel appearing for the respondents, drew the attention of the Court towards the order passed by the coordinate bench of this Court in SBCWP No.2215/2002-Ex-Sp. P.R. Yadav Vs. U.O.I. & Ors. decided on 29.11.2012, and in SBCWP No.436/2003- Ex. Havaldar Clerk Poonam Singh Chauhan Vs. U.O.I. & Ors., decided on 03.05.2013, transferring back these matters for the persons covered under the three enactments to which the said Act of 2007 applies, namely, the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950 to the said Armed Forces Tribunal. Learned counsel for the respondents has also drawn the attention of the Court towards the Larger Bench decision of the said Armed Forces Tribunal in the case of Ex-Hav. Parmeshwar Ram Vs. Union of India & Ors. (OA No.471/2010, decided on 19.10.2010) comprehensively dealing with the provisions of Sections 14, 15 of the AFT Act, 2007, and Section 164 of the Army Act, 1950, and the Larger Bench of the said Tribunal has held that the powers of Tribunal are wide enough to cover the cases against the orders passed under Section 164 also by way of Departmental remedy under Section 164 of the Act and all matters viz. service matters pertaining to the person covered by these three Acts will be decided by the Tribunal.;