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2014 (5) TMI 1034 - SC - Indian LawsDenial of promotion to Respondent - Tribunal has directed the appellant authorities that the respondent shall be governed by the provisions of DGQA Policy dated November 16, 2007 without incorporating the provisions of the impugned Policy dated April 23, 2010 and he would be considered for further promotions in terms of earlier Policy dated November 16, 2007 - Held that:- There is no breach of any service conditions under the Army Act and Rules. The non-selection of the petitioner is on account of the service conditions as mentioned in OM dated 28th October, 1978, as amended from time to time. Therefore, the objection raised by the learned counsel for the respondent, in this case is also upheld and consequently it is held that this Tribunal has no jurisdiction to interfere in this matter and direct the Principal Registrar to remit this case back to Hon'ble Delhi High Court to decide the matter in accordance with law.” When we traverse through the impugned order passed by the Tribunal in the instant case, we find that the aforesaid judgment in Major General S.B. Akali has been specifically taken note of. - Tribunal felt it appropriate not to rely upon on the said judgment, which it could not do so, having regard to the ratio in Rooplal's case (1999 (12) TMI 855 - SUPREME COURT). What is intriguing is the reasons for coming to a different conclusion. Merely because the respondent is subject to Army Act would not by itself be sufficient to conclude that the Tribunal has the jurisdiction to deal with any case brought before it by such a person. It would depend upon the subject matter which is brought before the Tribunal and the Tribunal is also required to determine as to whether such a subject matter falls within the definition of 'Service Matters', as contained in Section 3(o) of the AFT Act. - it is required to be examined as to whether the relief claimed is entirely within the domain of DGQA or for that matter, the Ministry of Defence or it can still be treated as Service Matter under Section 3(o) of the AFT Act and two aspects are intertwined and inextricably mixed with each other. Such an exercise is to be taken on the basis of documents produced by both the sides. That has not been done. For this reason, we deem it proper to remit the case back to the Tribunal to decide the question of jurisdiction keeping in view these parameters. - Matter remanded back - Decided in favour of Appellant.
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