Ex RfnGD Vijaypal Singh vs UOI & Others on 27 February 2026

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

2. 2. The UOI, represented by the Secretary to the Govt of India, Ministry of Home Affairs, North Block, New Delhi – 110 001

3. 3. The Director General, Assam Rifles Directorate General Assam Rifles, Govt of India, Ministry of Home Affairs, Post Office Laitkor, District East Khasi Hills, Shillong, Meghalaya – 793 011

4. 4. The Commandant, 12 Assam Rifles, PIN 932 012, c/o 56 APO

.... Respondents

**For Applicant**

**: Mr. Balawant Singh Shekhawat, Advocate**

**For Respondents**

**: Mr. Pyre 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 for :- **यदा न्यायः ततो जयः**

1. (a) Declare the impugned Order of Dismissal dated 30/9/1995 and the subsequent Discharge Certificate No 1664 dated 29/9/1995;

2. (b) Quashing and setting aside the purported Show Cause Notice dated 26/11/1994 and 07/12/1994, alongwith all subsequent disciplinary actions;

3. (c) Declare that the Impugned Red Ink Entries, including the dual invocation of Sections 39 (a) and 39 (b) of the Army Act, 1950 for a single act and expungement of such entries from the applicant's official service record; (d) Declare that the applicant, having completed more than ten years of qualifying service is entitled to pensionary benefits under Rule 49 (2) of the CCS (Pension) Rules, 1972; (e) Direct the Respondents to treat the applicant as having continued on the notional strength of the Force up to the date of his lawful discharge and to deem his separation from service as a discharge otherwise than by way of punishment, with all consequential pensionary benefits, including service pension and admissible retiral dues, in accordance with the CCS (Pension) Rules, 1972; (f) Direct the Respondents to pay all outstanding amounts with appropriate interest for delayed pension; (g) Award cost of the present application in favour of the applicant, recognizing the hardship and prolonged litigation necessitated by the Respondent's conduct; (h) Pass such other order or further order(s) as this Hon'ble Tribunal may deem fit and proper in the interest of justice and equity and

(i) As an interim prayer, the applicant has also prayed for staying the operation and effect of the impugned dismissal order dated 30/9/1995 and to release provisional pension and admissible provisional retiral benefits to the applicant in accordance with the CCS (Pension) Rules, 1972/2021;

2. At the request of both the parties we deem it appropriate to dispose off this OA at the admission stage itself.

3. We have heard the counsels for the parties and perused the material on record.

4. Perusal of record reveals that the applicant was borne on the strength of Assam Rifles – a Paramilitary Force – under the administrative control of Ministry of Home affairs. Therefore, the issue to be adjudicated in this matter is whether the OA filed before this Tribunal has the jurisdiction of this Tribunal to decide the matter.

5. During the course of hearing, Senior Panel Counsel appearing for the Respondents vehemently opposed the maintainability of this OA as the applicant was dismissed from service on 30/9/1995 from Assam Rifles under Assam Rifles Manual and not under Army Act/Army Rules. Moreover, the applicant has also prayed in the OA for grant of pensionary benefits under the provisions of CCS (Pension) Rules and not under Pension Regulations for the Army. Contra to the statement of the Senior Panel Counsel for the Respondents, Counsel for the Applicant has assiduously argued that this Tribunal has jurisdiction to adjudicate this matter. In support of his arguments, he has placed on record a copy each of the Gazette of India Notifications dated 06/11/2006 and 20/2/2009 and letter dated 27/5/2011 issued by the Govt of India, Ministry of Home Affairs, Dte General Assam Rifles, Shillong. While the Gazette Notification speaks of coming into being of the Assam Rifles Act, the letter of Dte General of Assam Rifles deals with implementation of Assam Rifles Act 2006 and AR Rules, 2010 and with the enactment of these rules, thereby repealing the Assam Rifles Act 1941.

6. With regard to jurisdiction of Armed Forces Tribunal, relevant Clause of Armed Forces Tribunal Act 2007, reads as follows :- **"Applicability of the Act.**

(1) *The provisions of this Act shall apply to all 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).*

(2) *This Act shall also apply to retired personnel subject to the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), including their dependents, heirs and successors, in so far as it relates to their service matters".*

7. In view of the foregoing and since the applicant was a member of the Assam Rifles and he was dismissed from service under Assam Rifles Manual for his misdemeanours and not under the provisions of Army Act, 1950 or Rules made thereunder, we find that this Tribunal has no jurisdiction to adjudicate on this matter and, hence, the OA is dismissed for want of jurisdiction. However, the applicant has liberty to approach any other appropriate forum with his prayer for redressal of his grievances.

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

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

Sd/-xxx


मत्स्यम्व जयते

Sd/-xxx

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-