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SUPREME COURT Important Judgements

The pleas of Union of India and JAG Branch of the armed forces (i) orders issued under section 18 of the Army Act, 1950
(46 of 1950), sub-section (1) of section 15 of the Navy

16. Mr. Sanjay Jain and Col. Balasubramanium sought to contend that Act, 1957 (62 of 1957) and section 18 of the Air Force
Act, 1950 (45 of 1950); and
the first half of Section 3(o) of the said Act is amenable to the
(ii) transfers and postings including the change of place
jurisdiction of the Armed Forces Tribunal and the matters listed in the or unit on posting whether individually or as a part of
unit, formation or ship in relation to the persons subject
second half are not amenable to the jurisdiction of the Armed Forces to the Army Act, 1950 (46 of 1950), the Navy Act, 1957
(62 of 1957) and the Air Force Act, 1950 (45 of 1950).
Tribunal. Section 3(o) reads as under:
(iii) leave of any kind;
“3. Definitions.- In this Act, unless the context otherwise
(iv) Summary Court Martial except where the
requires, - punishment is of dismissal or imprisonment for more
than three months;”
..... ..... .... .... ....
17. The appellate mechanism is also stated to be provided under
(o) “service matters”, in relation to the persons subject to the
Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) Sections 30 and 31 under Chapter V dealing with appeals of the said
and the Air Force Act, 1950 (45 of 1950), mean all matters
relating to the conditions of their service and shall include- Act. Sections 30 and 31 read as under:

(i) remuneration (including allowances), pension and “30. Appeal to the Supreme Court. - (1) Subject to the
other retirement benefits; provisions of section 31, an appeal shall lie to the Supreme
Court against the final decision or order of the Tribunal (other
(ii) tenure, including commission, appointment, than an order passed under section 19):
enrolment, probation, confirmation, seniority, training,
Provided that such appeal is preferred within a period of
promotion, reversion, premature retirement,
superannuation, termination of service and penal ninety days of the said decision or order:
deductions; Provided further that there shall be no appeal against an
interlocutory order of the Tribunal.
(iii) summary disposal and trials where the punishment of
dismissal is awarded; (2) An appeal shall lie to the Supreme Court as of right from

any order or decision of the Tribunal in the exercise of its
(iv) any other matter, whatsoever,
jurisdiction to punish for contempt:

but shall not include matters relating to-

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