Ex Sub (MT) Babu Lal Bairwa vs UOI & Others on 21 July 2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to :-

- (a) Set aside the sentence of 'Severe Reprimand' awarded by Col Jagpreet Singh, CO, on 19/6/2013 at about 1345 hours;

- (b) Consider the case of the applicant for DPC-2013 of Sub Maj for promotion to the rank of Sub Maj;

- (c) Consider the applicant for grant of Hony rank;

- (d) Allow the applicant to complete his service in the existing rank, ie, Sub for 30 years, Sub Maj 32 years or four years service in the rank of Sub Maj and all other benefits for which the applicant is entitled; (e) The character of the applicant is also required to be correct so that the applicant can join DSC after his retirement.

2. Vide Reply Statement, the Respondents have raised preliminary objection of jurisdiction of this Tribunal to adjudicate the matter as the main relief sought for by the applicant in the OA is for setting aside the punishment of 'Severe Reprimand' awarded to him by his Commanding Officer under Section 85 of Army Act, 1950 to enable him to get promotion to the next rank. As 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 48 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. We have heard the counsels for the parties and perused the material on record.

4. It is a fact that the applicant was awarded 'Severe Reprimand' by his Commanding Officer under Section 85 of the Army Act, 1950, by way of summary disposal of the case. This punishment awarded to the applicant is excluded from the 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 not entertainable by this Tribunal in terms of Clause 3 (o) (iii) of Armed Forces Tribunal Act, 2007.

5. Notwithstanding above, we deem it appropriate that in case the applicant submits a fresh representation with regard to his grievances that are raised in the OA before the competent authority within a period of one month from the date of receipt of a copy of this Order, the Competent Authority shall consider the issue in its entirety and take a decision within a period of six months from the date of receipt of such a representation from the applicant. The outcome thereof shall be intimated to the applicant.

6. The OA is disposed off accordingly. No order on costs.

Sd/-xxx

(SANJIV MITTAL) MEMBER (A)

cda/-

Sd/-xxx

(GOVERDHAN BARDHAR) MEMBER (J)