Armed Forced Government Married
Accommodation - Petitioners were allotted such accommodation on temporary basis with a view to utilize vacant quarters - It will not confer any enforceable right in the petitioners to
continue in the accommodation meant for personnel of the Armed Forces - It has been noticed that the accommodation is meant for Captains/Majors but the petitioners who are the civilian
employees working in the Allied Departments of the Armed Forces, cannot retain the premises at the cost of personnel for whom such flats are meant. (175) P.L.R.
Armed Forces Tribunal Act, 2007 (55 of 2007) - Process of judicial process exercised by the Court
- Is not an appellate jurisdiction - It is a jurisdiction of judicial review so as to ensure that the authorities remain within the confines of law - The power of judicial review is to
examine the decision making process and if the decision making process contravenes the statutory regulations or the instructions issued, to correct the same - Therefore, if no note of the
disease is made at the time of individual's acceptance in military service, it raises a presumption that an individual's discharge or death, will be deemed to have arisen for reasons
attributable to or aggravated by Service. (176) P.L.R.
Armed Forces Tribunal Act, 2007 (55 of 2007) S. 16(2) - Tribunal has the power of quashing a
conviction, to make an order authorizing the appellant to be re-tried by court-martial, but shall only exercise this power when the appeal against conviction is allowed by reasons only of
evidence received or available to be received by the Tribunal under this Act and it appears to the Tribunal that the interests of justice require that an order under this section should be
made - Tribunal has ordered re-trial from the stage of arraignment of charges, as there had been infraction of Rule 115(2) of the Army Rules, 1954 - The said procedure adopted by the learned
Tribunal is in consonance with the law. (174) P.L.R.
Armed Forces Tribunals Act, 2007 (25 of 2007) S. 15 - Army Rules, 1954, Rule 164(1) - Petitioner
has dual statutory remedy of filing appeal, i.e. under Rule 164(1) of the Act and Section 15 of the AFT Act, against any order, decision, finding, sentence passed by a Court-Martial or any
matter connected therewith or incidental thereto and the Armed Forces Tribunal has the power to pass appropriate order to redress grievance of the petitioner - Armed Forces Tribunal in regard
to all his grievances, which is also empowered to pass any order which it may think appropriate, the present petition filed under Article 226 of the Constitution of India cannot be
entertained. (180) P.L.R.