Armed Forces Tribunal
Hav (Ambulance Asst) Ishwar Singh vs UOI & Others on 25 March 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
5.
**OA 115/2024**
**Army No 15419306X Hav (Amb Asst) Ishwar Singh, S/o Shri Daya Ram, at present serving with Military Hospital, Jaipur**
** .... Applicant**
**Versus**
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1. 1. **UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011**
2. 2. **The Commandant, Military Hospital, Jaipur**
3. 3. **The Commanding Officer, 24 Grenadiers, PIN 910 824, c/o 56 APO**
**.... Respondents**
**For Applicant**
**: Mr. Sunil Kumar, Advocate**
**For Respondents**
**: Mr. Pyare Lal, Senior Panel Counsel**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying that taking into consideration the long service of the applicant and illegality in Summary Court Martial (SCM) the Respondents be directed to quash and set aside the SCM proceedings dated 08/3/2023 whereby the applicant was punished with a sentence 'To be reduced to rank of Naik' with all consequential benefits with interest @18% per annum. He has also prayed for grant of any other relief as applicable as also cost of the application in his favour.
2. Vide Reply Statement, the Respondents have submitted that based on a Court of Inquiry conducted against the applicant for having been caught red handed with fake Canteen liquor cards of two pseudonymous army lady officers, the applicant was tried by a Summary Court Martial on 08/3/2024 wherein the applicant pleaded guilty and was awarded the penalty of "To be reduced to the rank of Naik".
3. During the course of hearing, Senior Panel Counsel for the Respondents submits that this Tribunal has no jurisdiction to adjudicate upon this matter as the applicant was awarded the punishment "reduce to ranks", by SCM, which is a minor punishment and, hence, does not come under the purview of Section 3 of the Armed Forces Tribunal Act, 2007.
4. The relevant Section 3 of AFT Act 2007, reads as follows :-
3. (iv) any other matter, whatsoever, but shall not include matters relating to— (i) orders 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).
5. In view of the foregoing, this OA is not entertainable by this Tribunal and the OA is dismissed accordingly. However, the applicant is at liberty to approach the Competent Authority/appropriate forum with regard to redressal of his grievances.
- 6. The OA is disposed off accordingly. No order on costs.
- 7. Pending application, if any, also stands disposed off.
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(SANJIV MITTAL) MEMBER (A)
cda/-
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(GOVERDHAN BARDHAR) MEMBER (J)
मन्त्रमव जयते
