Union of India vs Air Commodore NK Sharma 2023 INSC 1074 – AFT – Tribunals Cant Direct Formation Of Policy

Armed Forces Tribunal Act, 2007; Section 14 – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – Although, it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, it cannot direct those responsible for making policy, to make a policy in a particular manner. (Para 13-17)

Constitution of India, 1950 ; Article 226 – A Tribunal would be subject to the jurisdiction of the High Court in Article 226 – Rojer Matthew v. South Indian Bank Ltd (2020) 6 SCC 1 and  L. Chandra Kumar v. Union of India (1997) 3 SCC 261. (Para 21)

Service Law – Determination of the age of superannuation is within the domain of Executive policy. (Para 26)

Service Law – Challenging the basis of promotion after having participated in the process on consideration of promotion and having been declared unsuccessful thereunder, is not a valid ground to impugn the policy/method – such challenges cannot be allowed. (Para 28.4)

Leave a Comment

Your email address will not be published. Required fields are marked *