UNION OF INDIA & ORS. versus P. S. GILL

Citation: [2019] 17 S.C.R. 405 · Decided: 27-11-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO, HEMANT GUPTA · Disposal: Dismissed

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Judgment (excerpt)

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UNION OF INDIA & ORS.
v.
P. S. GILL
(Criminal Appeal No. 404 of 2013)
NOVEMBER  27, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Armed Forces Tribunal Act, 2007: ss.14 and 15 – Allegations
pertaining to irregularities in procurement of ration – Investigation
– Prima facie case against 12 Army Personnel including the
respondent – A hearing of the charge under r.22 against the
Respondent was convened – The Commanding Officer of the
Respondent i.e. General Officer Commanding (GOC), 15 Infantry
Division found no prima facie case made out against the
Respondent – The said view was approved by the GOC, 15 Corps
– Meanwhile, Respondent retired on attaining the age of
superannuation – However, appellants invoked s.123 of the Army
Act, 1950 to continue the proceedings against him – The GOC-in-
C, Western Command disagreed with the recommendations made
by the GOC, 15 Infantry Division and GOC, 15 Corps and arrived
at a conclusion that a prima facie case was made out against
Respondent – General Court Martial convened – Respondent filed
O.A. under ss.14 and 15 assailing the validity of the order
convening the General Court Martial – Tribunal held that a prima
facie case to proceed against the Respondent by a General Court
Martial was not made out – Aggrieved appellant filed instant
appeal – Appellant contended that jurisdiction is conferred on the
Tribunal only for adjudication of complaints and disputes regarding
service matters and appeals arising out of the verdicts of the Court
Martial and as such, an order by which the General Court Martial
was convened cannot be the subject matter of an appeal before
the Tribunal – Held: s.15 confers jurisdiction and power on the
Tribunal to entertain appeal against any order, decision, finding
or sentence passed by a Court Martial –  The order challenged in
the OA in this case is a proceeding by which the General Court
Martial was convened – As there was no order, decision, finding
or sentence by the Court Martial, an appeal under s.15 per se was
   [2019] 17 S.C.R. 405
405
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SUPREME COURT REPORTS
[2019] 17 S.C.R.
not maintainable – As regards the maintainability of s.14, the said
section  enables a person aggrieved to make an application to the
Tribunal in any service matter – ‘Service matters’ are defined in
s.3(o) to mean all matters relating to the conditions of their service,
which shall include termination of service – ‘Conditions of service’
mean those conditions which regulate the holding of a post by any
person right from the time of his appointment till his retirement and
even after his retirement including pension etc. – Therefore,
conditions of service also include dismissal from service – s.14 of
the Act which confers jurisdiction over service matters of the Army
personnel should receive wide construction – The object with which
the Act was made is to provide adjudication of complaints and
disputes regarding service matters and not only appeals against
the verdicts of the Court Martial – It is trite law that statement of
objects and reasons can be used as a tool for interpretation – The
impugned judgment of the Tribunal did not suffer from lack of
jurisdiction – Regarding the charges sought to be framed against
the Respondent, there was no error in the approach of the Tribunal
– The material on record was perused by the Tribunal to come to
a conclusion that no prima facie case is made out against the
Respondent – No reason to interfere with the said findings.
Dismissing the appeal, the Court
HELD: 1.1  The O.A. was filed both under Sections 14 and
15 of the Act.  Section 15 confers jurisdiction and power on the
Tribunal to entertain appeal against any order, decision, finding
or sentence passed by a Court Martial. Section 15(2) of the Act
provides for an appeal which can be filed by the person aggrieved
by an order, decision, finding or sentence passed by a Court
Martial. The order challenged in the OA in this case is a
proceeding by which the General Court Martial was convened.
As there was no order, decision, finding or sentence by the
Court Martial, an appeal under Section 15 per se is not
maintainable. Section 14 enables a person aggrieved to make
an application to the Tribunal in any service matter. ‘Service
matters’ are defined in Section 3(o) to mean all matters relating
to the conditions of their service, which shall include termination
of service, inter alia.   Any matter relating to the conditions of
service falls within the d

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