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Supreme Court of India 2018-05-18 dismissed

Lt. Col. Vijaynath Jha vs Union of India & Ors

Bench: 2 — Ashok Bhushan

In Brief

An Army officer sought to challenge before the Armed Forces Tribunal (AFT) his non-selection for permanent secondment to the Directorate General of Quality Assurance (DGQA). The AFT rejected the application as not maintainable, holding it lacked jurisdiction. The Supreme Court upheld this decision. The Court held that while the officer was subject to the Army Act, the AFT's jurisdiction depends on whether the dispute arises from the Army Act and Rules—not merely on the person's military status. Since permanent secondment to DGQA is governed by separate office memoranda and DGQA's organizational rules, not the Army Act, it does not constitute a 'service matter' under the AFT Act. The Court dismissed the appeal.

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Armed Forces Law Administrative Law Jurisdiction Armed Forces Tribunal Service Matters Military Personnel

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