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Judgment
Invoking jurisdiction of this Tribunal, this appeal has been filed under Section 15 of the Armed Forces Tribunal Act, 2007 and the prayer made reads as under:
A. The Honble Court may call for the records of the proceedings of GCM and quash the convening of GCM against Rfn Tirath Ram being illegal in violation of the Army Act and Army Rules and being biased and prejudiced.
B. To restraint the respondents from detailing applicant no. 1 as buddy/ sahayak as this practice is no more in vogue in armed forces.
C. To direct the Army to investigate the matter of demand of illegal gratification and to ensure that the soldiers have faith in the judicial system.
D. Any other just and equitable order in the interest of justice may kindly be passed.
And in the interim, to stay the GCM proceedings sine die till the matter is decided.
In this case, the main aggrieved person should be Applicant No. 1, Rfn Tirath Ram, who was put to trial in the GCM and punished. The appeal has not been filed by the said Rfn Tirath Ram. Even though he has been shown as Applicant No. 1 and his signatures are available, however, the affidavit filed in support of the pleadings is sworn by Applicant No. 2, Col Sanjay Sitanshu. Col Sanjay Sitanshu was only a defence counsel for Applicant No. 1, Rfn Tirath Ram. Col Sanjay Sitanshu has no locus standi to say in the petition challenging the GCM. That being so, a petition at the instance of Applicant No.2, Col Sanjay Sitanshu stands dismissed.
As far as Applicant No. 1, Rfn Tirath Ram is concerned, he is a resident of District Rajouri (Jammu & Kashmir) The offence in question was committed while he was posted at 510 Army Base Workshop Meerut Can.tt. and the entire action has been taken against him by the HQ Central Command, Lucknow. That being so, the jurisdiction to deal with the matter is exclusively with the Regional Bench at Lucknow and as the applicants have not sought any permission to invoke the jurisdiction of this Tribunal, we dismiss the OA (Appeal) with liberty to Applicant No, 1, Rfn Tirath Ram to challenge the impugned action, if advised, before the Regional Bench of AFT at Lucknow.