VidhiSangh

Supreme Court of India · 18/05/2018

LT. COL. VIJAYNATH JHA versus UNION OF INDIA & ORS.

[2018] 4 S.C.R. 560 · 2018 INSC 540

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Summary

The Supreme Court upheld the Armed Forces Tribunal’s refusal to entertain an Army officer’s challenge to denial of permanent secondment in DGQA. The challenged decision arose from DGQA’s selection process under separate Ministry of Defence instructions and did not affect his service conditions as a commissioned Army officer. Being subject to the Army Act did not alone confer AFT jurisdiction. The application remained returned for recourse before the competent authority.

Issues

  1. Whether denial of permanent secondment in DGQA constituted a service matter within AFT jurisdiction.
  2. Whether Sections 27 or 33 of the Army Act supplied a basis for maintaining the application.

Provisions considered

Held

Result

Appeal dismissed; AFT’s order returning the application for proceedings before the competent authority upheld.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 560.