The bench comprising Chief Justice of India D.Y. Chandrachud, Justice JB Pardiwala and Justice Manoj Misra gave two weeks’ time to the Centre to respond to the plea.
The apex court was hearing petitions filed by the AFT Bar Association in Chandigarh that challenged the transfer of judicial member Justice Dharam Chand Chaudhary from Chandigarh to the Kolkata bench of the tribunal.
While the bench refused to interfere with the plea against the transfer, it decided to consider the plea against the MoD’s control over the AFT.
The petitioner’s counsel submitted that as the Ministry itself is a major litigant before the AFT, giving it administrative control over the Tribunal shows conflict of interest.
The Armed Forces Tribunals Act 2007, led to the formation of AFT.
These Tribunals were established for the adjudication or trial of disputes and complaints with respect to the commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.
These Tribunals can further provide for appeals arising out of orders, findings or sentences of courts-martial held under the said Acts and for matters connected therewith or incidental thereto.
The Judicial Members are retired High Court Judges and Administrative Members are retired Members of the Armed Forces who have held the rank of Major General or equivalent or above for a period of three years or more.
–Ajit Weekly News
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