Supreme Court of India
Union of India & Ors v. Air Commodore Nk Sharma (17038) Adm/lgl
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What the Court ordered
In view of the above discussion, we are of the view that the Respondent’s challenge was barred at fi rst instance, as he participated in the Promotion Board of 2015 and only challenged the non-formation of a policy for fi lling up the vacancy of AVM JAG (Air), fi nding himself to be unsuccessful in securing a promotion thereto. 22 (2013) 11 SCC 309(2 Judge Bench) 23 2023 SCC OnLine SC 344 (2 Judge Bench) 1045.
Judgment, page 19
From the headnote
Issue for consideration: Whether the Armed Forces Tribunal could have issued a direction to the Government to frame a policy for filling up the post of Judge Advocate General (Air) and ; whether the Tribunal could have directed that the Responden t would continue functioning in such capacity despite non-acceptance of the Promotion Board’s recommendation till such time that the poli cy is framed by the Government and be given an opportunity for cons ideration by the promotion board constituted under such new policy. Armed Forces Tribunal Act, 2007 – Jurisdiction of Trib unal – Impugned order
Authorities it was built on
- 1997 L. Chandra Kumar Etc. Etc. v. The Union of India and Ors. Etc. Etc.
- 2019 Rojer Mathew v. South Indian Bank Ltd. & Ors.
- 2013 Ramesh Chandra Shah and Others v. Anil Joshi and Others
- 2015 Hc Pradeep Kumar Rai and Ors. v. Dinesh Kumar Pandey and Ors. Etc.
- 2020 Chandra Mohan Varma v. State of Uttar Pradesh & Ors.
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