Hav Clk (SD) Sant Lal vs UOI & Others on 26 March 2026

1. 1. UOI, through the Secretary, Govt of India, Ministry of Defence, South Block, New Delhi – 110 011

2. 2. Officer in Charge Records, Artillery Records, PIN 908 802

3. 3. Colonel, Commanding Officer, 316 Med Regiment, PIN 926 316

4. 4. Colonel, Commanding Officer, 2 Training Regiment, Artillery Centre, Nasik Road Camp, PIN – 908 800

.... Respondents

नयेमद जवन

**For Applicant : Mr. Harsh Sharma, Narendra Jadon, Advocate** **For Respondents : Mr. Pyare Lal, Advocate**

**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 with the following prayers :-

1. (a) The impugned order dated 10/1/2009 passed by the Respondent No 4 and the action of the Respondent No 2 in issuing the letter/order dated 23/4/2024 be quashed and set aside ;

2. (b) The applicant be promoted from the date of 01/2/2009 and his seniority may be calculated accordingly alongwith all consequential relief as if the impugned order dated 10/1/2009 was never passed;

3. (c) Without prejudice to the foregoing and in the alternative, the Respondent No 2 may be directed to either decide the statutory complaint dated 13/9/2009 of the applicant or forward the same to his superiors who shall decide the same at the earliest in accordance with Army Regulations and the decision of the same may be communicated to the applicant; and (d) Any other relief which the Hon'ble Tribunal thinks just and proper in the matter may also be granted to the applicant.

2. Perusal of record reveals that the applicant was awarded the Punishment, "Severe Reprimand", under Section 80 of the Army Act 1950 by way of summary disposal of the case of the applicant for his offence of absenting himself from morning drill parade on 10/1/2009 at 0630 am when the applicant was posted at the Artillery Centre, Nasik Road Camp, Nasik, for which he pleaded guilty also to the charge.

3. During the course of hearing, counsel for the applicant has vehemently argued that the Statutory Complaint dated 13/9/2004 submitted by the applicant filed alongwith this OA had not been dealt with in accordance with statutory provisions. Senior Panel Counsel for the Respondents has not controverted the statement of the counsel for the applicant. Perusal of record further reveals that till date the said Statutory Complaint of the applicant had not been placed before the competent authority, i.e., Chief of the Army Staff, for a decision on merit as per the mandatory six months time-period. Contra, Senior Panel Counsel for the Respondents has vigorously and steadfastly stated that as has been stated in their Reply Statement, the OA is not maintainable at this Tribunal as the punishment, 'Severe Reprimand' awarded to the applicant on 10/1/2009, under Section 80 of the Army Act 1950 by way of summary disposal of the case are excluded from the ambit of service matters except where punishment of dismissal awarded under Section 3 (o) of the AFT Act 2007 and, hence, the Tribunal lacks jurisdiction in adjudicating upon the issue of quashing the Summary Disposal and punishment of 'Severe Reprimand' to the applicant for his offence. Moreover, the OA has been filed after a delay of 15 years from the date of award of punishment and, hence, the arguments at this belated stage is an afterthought and devoid of merit.

4. In view of the foregoing and since the Statutory Complaint dated 13/9/2009 submitted by the Applicant has not been dealt with in accordance with the laid down procedure, we direct the Respondents to process the said Statutory Complaint for a decision on it by the Competent Authority within a period of six months from the date of receipt of a copy of this Order.


भारत गणराज्य

5. With the above directions, the OA is disposed off.

6. The prayers of the applicant as cited at Para 8 (i) and (ii) in his OA are beyond the jurisdiction of this Tribunal in terms of Section 3 of the AFT Act, 2007 as the applicant was awarded the punishment of 'Severe Reprimand' by way of Summary Disposal.


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

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

सतोर

Sd/- XXX

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-