SC: Appeal under Sec 31 of the Armed Force Tribunal Act, 2007 only lie if there is a point of law of general public importance

The Apex Court on 08.01.2019, in EX. LAC YOGESH PATHANIA v UNION OF INDIA & ORS.,[1] dismissed the appeal which was made before the  Tribunal challenging sentence term and findings concluded by the District Court as well as against rejecting the Chief of Air Staff’s complaint made under the of the Air Force Act, 1950.

FACTS: The DCM had been approached due to an incident that had taken place resulting in breach of good order of the  Air Force discipline that had been created by  the airmen trainees over  the altering of the TV channel resulting in the trying of the appellant upon the charges of misconduct committed by him followed by rigorous imprisonment and dismissing him from his service.

An appeal had been made where the evidence handed over by both the parties to the dispute were examined in which the Tribunal concluded to have found no error made in the findings by the DCM. An appeal was subsequently made to the Apex Court to seek permission for filing an appeal.

DECISION HELD BY THE APEX COURT: The Apex Court  while dismissing the appeal, found no error in the appeal with regard to the jurisdiction that had been vested upon the Court under the concerned Act further interpreting that it would only exercise its jurisdiction when a question arises upon a point of law which is of public importance while in the concerned case the Apex Court  concluded that it was devoid of any general importance to the public from the point of view of law is concerned  warranting the granting of leave by the Appellant.