- (1.) THIS intra -court appeal is directed against the order dated 04.03.2011, as passed by the learned Single Judge of this Court in
(2.) THE said writ petition was filed by the respondent of this appeal, for being aggrieved of the order dated 01.12.2010, as passed by the Armed Forces Tribunal at its Jaipur Bench ('the Tribunal') whereby, the Tribunal declined to entertain his application against the punishment order issued under Section 82 of the Air Force Act. The Tribunal was of the view that any other punishment, except the punishment of dismissal awarded under Section 82 of the Air Force Act, cannot be considered to be the "service matter" within the meaning of the Armed Forces Tribunal Act, 2007 ('the Act of 2007') and, therefore, it had no jurisdiction to entertain, hear and decide the application filed by the present respondent. It appears that after having heard the learned counsel for the present respondent (writ -petitioner) in the said writ petition (No.1573/2011), the learned Single Judge formed an opinion that the jurisdiction of the Tribunal was wide enough; and all the matters relating to service condition, including the matters referred to in Section 3 (o) of the Act of 2007 were required to be adjudicated by the Tribunal. The learned Single Judge particularly referred to clause (iv) of Section 3(o) of the Act of 2007 and observed that the term "any other matter, whatsoever" made it clear that all the service matters were required to be adjudicated by the Tribunal, except those prescribed by way of specific exclusion. The learned Single Judge, therefore, held that the order dated 01.12.2010 was apparently erroneous; and, while quashing the same, directed the Tribunal to consider the application submitted by the writ -petitioner on its merits.
(3.) IT remains indisputable that the aforesaid order dated 04.03.2011 was passed by the learned Single Judge without issuing notices to the other side, i.e., the appellants herein.;