Case Note & Summary
The petitioner, Anil Kumar, a Chief Petty Officer in the Indian Navy, challenged an order dated 26 June 2015 releasing him from service effective 31 July 2015, as his re-engagement as a Sailor beyond that date was not approved. He filed a writ petition in the Bombay High Court on 27 July 2015. The respondents raised a preliminary objection that the petitioner had an alternative remedy before the Armed Forces Tribunal constituted under the Armed Forces Tribunal Act, 2007, as the matter fell within 'service matters' defined under Section 3(o) of that Act. The petitioner's counsel argued that no efficacious alternative remedy was available. The Court, after hearing both sides, found that the subject matter clearly fell within the definition of service matters under Section 3(o) and that there were issues of fact and law best considered by the Tribunal. Consequently, the Court dismissed the writ petition, granting liberty to the petitioner to approach the Armed Forces Tribunal for redressal, and directed that all points be kept open for the parties to raise before the Tribunal.
Headnote
A) Service Law - Alternative Remedy - Maintainability of Writ Petition - Armed Forces Tribunal Act, 2007, Section 3(o) - The petitioner, a Chief Petty Officer in the Indian Navy, challenged his release from service. The respondents raised a preliminary objection that the petitioner had an alternative remedy before the Armed Forces Tribunal. The Court held that since the subject matter falls within 'service matters' as defined under Section 3(o) of the Act, the petitioner should approach the Tribunal for redressal. The petition was dismissed with liberty to approach the Tribunal. (Paras 4-7)
Issue of Consideration
Whether the High Court should entertain a writ petition challenging a service matter of a naval personnel when an alternative remedy is available under the Armed Forces Tribunal Act, 2007.
Final Decision
The writ petition is dismissed. The petitioner is directed to approach the appropriate authority/Tribunal under the Armed Forces Tribunal Act, 2007 for redressal of his grievances. All points are kept open for the parties to raise before the Tribunal.
Law Points
- Alternative remedy
- Maintainability of writ petition
- Service matters under Armed Forces Tribunal Act
- 2007
- Section 3(o) of Armed Forces Tribunal Act
