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

**ORDER**

**27.02.2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for :- (a) To quash and set aside the impugned dismissal order dated 20/8/1997 passed by the Commandant, 12 Assam Rifles, and the consequential his discharge dated 31/10/1997, as being arbitrary, illegal, void ab initio, violative of Rule 24 of the Assam Rifles Manual, ROI 4/99, Army Act/Rules, CCS (Pension) Rules, and Articles 14 and 21 of the Constitution of India; (b) To set aside six red ink entries being illegal, disproportionate and unsustainable in law and that red ink entries pertaining to minor infractions such as short OSL/AWL and alleged intoxication do not constitute grave misconduct justifying dismissal under Rule 24;

- (c) Direct the Respondents to reinstate the applicant notionally in service solely for the purpose of restoring his qualifying service and to treat him as having continued in service till the date of his normal discharge/retirement, with all consequential service and pensionary benefits, including arrears;

- (d) Direct the Respondents to grant the applicant full pension and pensionary benefits under CCS (Pension) Rules, 1972, by counting his actual service alongwith notional service and release all admissible retiral dues from the date they became due, alongwith interest;

- (e) To hold and declare that no pension forfeiture could have been imposed in the absence of a valid, lawful and procedurally compliant dismissal; and therefore, the applicant is entitled to pension as a matter of right;

- (f) Direct the Respondents to grant Compassionate Allowance under Rule 41 of the CCS (Pension) Rules, 1972, considering the applicant's long service, absence of grave or moral misconduct, and socio-economic hardship;

- (g) To award interest at a reasonable rate (not less than 12% per annum) on delayed pension, retiral dues, and any other monetary benefits that may be granted by this Hon'ble Tribunal;

- (h) To award costs of the litigation in favour of the applicant and against the Respondents for forcing him to litigate for rights wrongfully denied for over two decades;

- (i) To pass any other further orders as this Hon'ble Tribunal may deem fit, just and proper in the facts and circumstances of the case to secure the ends of justice and

- (j) As an interim prayer, the applicant has also prayed for staying the operation and effect of the impugned dismissal order, thereby protecting the applicant's service status and rights during the pendency of these proceedings. Further to direct the Respondents to release provisional pension and admissible provisional retiral benefits to the applicant in accordance with the CCS (Pension)

Rules, 1972/2021, subject to adjustment at the time of final disposal of the case.

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 discharged from service wef 31/10/1997 from the Assam Rifles on the ground of 'unlikely to become an efficient soldier' 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 misdemeanors and not under the provisions of Army Act, 1950 or Rules made thereunder, we find that this Tribunal has no jurisdiction to adjudicate 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.

Sd/- xxx

Sd/- xxx

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

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

cda/-