Ex Nk AA Zadekar Sunil Youraj (Army) vs UOI & Others on 5 August 2026

O R D E R

05.08.2026

1. During the course of hearing, none appears on behalf of the Applicant.

2. On perusal of record, it reflects that the applicant has challenged the Order dated 02/7/2014, wherein the applicant was summarily tried by his Commanding Officerunder Section 63 of the Army Act 1950 and was awarded ‘Severe Reprimand’. Therefore, the Respondents, in their Reply Statement has raised preliminary objection with regard to maintainability of this OA at this Tribunal under Section 3 (o) (iii) of the Armed Forces Tribunal Act 2007. Moreover, in accordance with ibid Clause of the Tribunal Act 2007, summary disposal and trials where the punishment of dismissal is awarded may be cognizable by this Tribunal. Moreover, the Respondents have also raised objection to the fact that the applicant has not availed the remedial measures available to him under Section 26 of the Army Act, 1950 for redressal of his grievances before approaching the Hon’ble Tribunal. It is not in dispute that the punishment awarded to the applicant is excluded from the definition of service matters except where punishment of dismissal or imprisonment of more than 90 days is awarded under Section 3 (o)

(iii) of the Armed Forces Tribunal Act, 2007, it cannot be contested in Armed Forces Tribunal. Para 3 (o) of Armed Forces Tribunal Act 2007 states as follows :- (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, termination of service and penal deductions; superannuation,

(iii) summary disposal and trials where the punishment of dismissal is awarded;

(iv) any other matter, whatsoever, but shall not include matters relating to—

(i) order issued under Section 18 of the Army Act, 1950 (46 of 1950), sub-section (1) of Section 15 of the Navy Act, 1957 (62 of 1957) and Section 18 of the Air Force Act, 1950 (45 of 1950); and

(ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship 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);

(iii) leave of any kind;

(iv) summary court martial except where the punishment is of dismissal or imprisonment for more than three months; (p) “summary disposals and trials” means summary disposals and trials held under the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950)”.

The impugned order and relief sought by the applicant in the instant OA is not within the jurisdiction of this Tribunal and, hence, the Senior Panel Counsel for the Respondents prays for dismissing the OA.

3. It is a fact that the applicant was awarded ‘Severe Reprimand’ by his Commanding Officer under Section 63 of the Army Act, 1950, by way of summary disposal of the case. This punishment awarded to the applicant is excluded formthe definition of service matters under Section 3 (o) (iii) of the Armed Forces Tribunal Act, 2007. Therefore, since the main prayer of the applicant is for setting aside the punishment awarded to the applicant, this OA is notentertainable by this Tribunal in terms of Clause 3 (o) (iii) of Armed Forces Tribunal Act, 2007. However, the applicant is at liberty to approach the appropriate forum with his grievances.

4. The OA is dismissed for want of jurisdiction. No order on costs.

5. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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