Armed Forces Tribunal
Nb Sub Girdhari Singh vs UOI & Others on 17 September 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
28.
**OA No 60/2024 with MA No 291/2024**
JC-472666H Nb Sub Girdhari Singh, S/o Sh. Ratan Singh, R/o near Purana Karni Mata Mandir, Tilak Nagar, Bikaner (Rajasthan)
.... Applicant
Versus
1. 1. Union of India, through Secretary Ministry of Defence, Govt of India, DHQ Post, New Delhi – 110011
2. 2. NCC Directorate (AP&T), General Choudhary Road, Opp. Thana Secunderabad, PIN-500003
3. 3. PS-4, AG's Branch, IHQ of MoD (Army), DHQ Post, New Delhi - 110011
4. 4. 16 RAJ RIF, PIN-912016, C/o 56APO
5. 5. HQ DG NCC, Ministry of Defence, West Block-IV, RK Puram, New Delhi – 110066
6. 6. PCDA.(P), Draupadi Ghat, Allahabad (UP)- 211014
.... Respondents
For Applicant : Ms Anjali Minocha, Advocate For Respondents : Mr Sandeep Garssa, Advocate सत्यमेव जयते **CORAM:****HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)****HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**17.09.2025**
1. 1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed as under:- *"In conspectus of above state of facts, it is prayed to Hon'ble Tribunal that this Hon'ble Tribunal may very graciously be pleased to call for and examine the entire record of the case, accept and allow this Original Application, and*
*(a) By an appropriate order and direction in the nature thereof the Punishment Order dated 23.8.2023, Order dated 27.12.2023, Show Cause Notice dated 24.1.2024 and consequential actions including discharge of the applicant (if made during pendency of the Original Application) may kindly be quashed and set aside in all respect with all natural consequences thereof.*
*(b) By an appropriate order and direction the respondents may kindly be directed to keep the services of the applicant continued with his parent unit, extend benefit of promotion to next higher post from JCO as proposed from due*
OA No 60/2024 Nb Sub Girdhari Singh Vs UOI & Ors date with natural consequences thereof including payment of accumulated arrear of higher post together with interest and also to keep the services of the applicant continued during extension period till 25.2.2025 with all consequential benefits.
(c) Any other relief as this Hon'ble Court may deem fit and proper be also passed in favour of the Applicant.
2. The Respondents have raised preliminary objection of the grounds that the Applicant has challenged the punishment of "Severe Reprimand" awarded to the Applicant on 23.08.2023 by way of summary disposal and trial of the case. The summary punishments are excluded from the definition of service matters except where the punishment of dismissal or imprisonment for a period of more than three months is awarded under Section 3 (o) (iii) of AFT Act, 2007. Therefore, the OA is not a matter to be challenged before the AFT and, hence, is not maintainable.
3. Relevant portion of Rule 3 of Army Act, 2007 reads as under:- "3(o). "service matters", 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), means all matters relating to the conditions of their service and shall include-
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service, and penal deductions;
(iii) summary disposal and trials where the punishment of dismissal is awarded;
(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 where 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); (q) "Tribunal" means the Armed Forces Tribunal established under Section 4."
4. On learning the above position during the course of hearing, Learned Counsel for the Applicant seeks permission to withdraw the OA with liberty to take departmental remedy. The prayer is allowed with a direction that in case the Applicant makes representation within a period of two weeks from the date of receipt of a certified copy of this Order, the Competent Authority shall decide such representation expeditiously within a period of three months thereafter and the outcome thereof shall be communicated to the Applicant.
5. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
(SANJIV MITTAL) MEMBER (A)
सत्यमेव जयते
(GOVERDHAN BARDHAR) MEMBER (J)
Ssy/-
