Armed Forces Tribunal
Ex LNk (OP COM) Subhash Chand vs UOI & Others on 12 November 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
3.
OA 176/2023 with MA 271/2023
L/NK (OPCOM) Subhash Chand
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr. Mahipal Singh Shekhawat, 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)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
12.11.2025
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has field this OA praying for the following relief :- (a) To set aside the punishment Order dated 15/6/2018 and compensate the applicant with an amount of Rs 10,00,000/- for the physical and mental suffering/trauma on account of illegal detention for four days and pay back the 10 days’ Pay Fine along with 18% interest from 15/6/2018 till date.
(b) To consider the applicant’s discharge case under SCRC Category and to issue the SCRC accordingly along with all cumulative benefits with 18% interest wef 28/2/2021.
(c) To re-issue the Certificates mentioned in Annexure A/19 with correct information/credentials.
(d) To reimburse an amount of Rs 43,362/- along with interest @ 18% incurred as travel expenses due to non issuance of Railway Warrant or Concession Vouchers, though entitled.
(e) To reimburse the medical expenses incurred along with 18% interest as he was forced to avail medical treatment in civil hospital for the medical illness/conditions attributed/aggravated by military service, as also provide copy of Part II Order No 0/0260/0030/2014 dated 15/8/2014.
(f) To provide requisite conditions for issuance of Railway Warrant or Concession Vouchers to a serving soldier and lastly, payment of cost of litigation also paid to the applicant.
2. Perusal of material placed on record reveals that this Tribunal has no jurisdiction with regard to the relief prays for by the applicant for the punishment awarded to him. In this regard, the Respondents have filed a preliminary objection with regard to the maintainability of the OA for want of jurisdiction as the punishment Order dated 15/6/2018, whereby the applicant was awarded four days RI in military custody and 10 days’ Pay Fine as it cannot be entertained by the Armed Foces Tribunal. The said punishment was awarded under Section 80 of the Army Act, 1950 by way of summary disposal of the case. These punishments are excluded from the definition of service matters except where punishment of dismissal is awarded under Section 3 (o) (iii) of the Armed Forces Tribunal Act 2007.
3. With regard to the main prayer of the applicant for setting aside the punishment awarded to the applicant, Counsel for the Applicant prays to withdraw this OA.
4. Further, it is not in dispute that relief prayed for by the applicant at Sub Para 1 (c) has already been extended to the applicant. With regard to the other pleas of the applicant as cited at Sub Para 1 (d) & (e) the applicant shall be at liberty to file a fresh Representation to the Competent Authority within a period of one month from the date of receipt of a copy of this Order. It is expected that the Respondents shall consider the Representation so furnished by the Applicant
OA 176/2023 with MA 271/2023 L/NK (OPCOM) Subhash Chand
within a period of four months from the date of receipt of such a Representation within the time stipulated above.
5. The OA is dismissed as withdrawn with liberty as prayed for.
6. No order on costs.
7. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-