Allahabad High Court

High Court jurisdiction over Tribunal orders depends solely on the Tribunal's territorial location.

Sachin Kumar And 3 Others vs Union Of India And 4 Others

Allahabad High CourtJUDGMENT: April 02, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were discharged from service on academic grounds and challenged their discharge by filing Original Applications (OAs) under Section 14 of the Armed Forces Tribunal Act, 2007

Source reference: para 2

These OAs were heard and dismissed by the Principal Bench of the Armed Forces Tribunal (AFT) in New Delhi via a common order dated 19.09.2025

Source reference: para 1-3

The petitioners subsequently filed the present writ petition before the Allahabad High Court to quash the AFT’s order and seek reinstatement

Source reference: para 2-3

The respondents raised a preliminary objection regarding territorial jurisdiction, noting that the impugned order was passed by the Principal Bench in New Delhi and that other parties to the same order had already approached the Delhi High Court

Source reference: para 4-5

The petitioners argued that under Rule 6(2) of the AFT (Procedure) Rules, 2008, jurisdiction could be invoked where the applicant ordinarily resides

Source reference: para 6-7
02

Issues

1. Whether the Allahabad High Court has territorial jurisdiction to entertain a challenge against an order passed by the Principal Bench of the Armed Forces Tribunal located in New Delhi

Source reference: para 4, 11
03

Law Applied

The decisions of Tribunals are subject to scrutiny before a Division Bench of the High Court within whose jurisdiction the Tribunal concerned falls, as established in L. Chandra Kumar v. Union of India.

Source reference: para 11-12

High Courts cannot look into the "bundle of facts" or cause of action under Article 226(2) of the Constitution to ascertain territorial jurisdiction when the Tribunal's seat is outside their jurisdiction, as clarified in Union of India v. Alapan Bandyopadhyay.

Source reference: para 11, 13, 16

Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008 determines the place for filing OAs but does not dictate the High Court’s judicial review jurisdiction.

Source reference: para 15-16
04

Reasoning

The issue of jurisdiction is no longer res integra following the Supreme Court’s decision in Alapan Bandyopadhyay.

Source reference: para 11

Since the impugned order was passed by the Principal Bench of the AFT in New Delhi, only the High Court with jurisdiction over New Delhi (the Delhi High Court) possesses the authority for judicial review.

Source reference: para 12, 17

The law declared by the Constitution Bench cannot be revisited by looking into the cause of action to confer jurisdiction under Article 226(2), thereby rejecting the petitioners' reliance on Rule 6(2) of the 2008 Rules.

Source reference: para 13, 15

Allowing such petitions would lead to "indefiniteness and multiplicity" of proceedings, particularly where multiple parties from different states are aggrieved by a single common order.

Source reference: para 14

The precedents cited by the petitioners were either irrelevant to the seat of the Tribunal or addressed different legal issues.

Source reference: para 18-21
05

Holding

The writ petition is not maintainable before the Allahabad High Court due to a lack of territorial jurisdiction.

Challenges to AFT Principal Bench orders must be filed in the High Court within whose territory the Tribunal is situated.

Source reference: para 12

The petition was dismissed, leaving it open for the petitioners to approach the appropriate forum (Delhi High Court) in accordance with the law.

Source reference: para 22
Allahabad High Court

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Sachin Kumar And 3 OthersvsUnion Of India And 4 Others

Allahabad High Court · April 02, 2026

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