MOHAMMED ANSARIversusUNION OF INDIA & ORS.

                            (2017] 1 S.C.R. 422



A                         MOHAMMED ANSARI
                                     v.
                        UNION OF INDIA & ORS.
                      (Civil Appeal No. I 0131 of2016)
B                          FEBRUARY 02, 2017
          [illPAK MISRA AND UDAY UMESH LALIT, JJ.]
          Armed Forces Tribunal Act, 2007 - Administrative Tribunals
    Act, 1985 - Central Civil Services (Control, Classification and
    Appeal) Rules, 1965 - Constitution of India - Art. 226 - Matter
c   pertaining to GREF(General Reserve Engineering Force)
    personnel - Jurisdiction of Armed Forces Tribunal(AFT)/Central
    Administrative Tribunal(CAI)lorigina/ jurisdiction of the High Court
    u!Art. 226 - Appellant, member of GREF in Border Roads
    Engine~ring Services - Issue of refusal to grant fina11cial
D   upgradation raised by appellant before CAT - Preliminary objection
    raised by the Government as regards thejurisdictio11 of the tribuna/-
    Tribunal held that it had the jurisdiction to entertain the matter -
    However, the High Court held that CAT had no jurisdiction in the
    matter of the appellants grievance of refusal to grant him financial
    upgradation and, even the Armed Forces Tribunal had no
E
    ;urisdiction - Appropriate remedy was application u!Art. 226 in the
    High Court, or in instituting appropriate suit - On appeal, held:
    Members of GREF belong to the Armed Forces - Armed Forces
    Tribunal shall have jurisdiction to hear appeals arising out of courts
    martial verdicts qua GREF personnel - To this exte/1/ alone the AFT
F   shall hove jurisdiction - If the punishment is imposed on GREF
    personnel by way of departmental proceedings held under
    CCS(CCA) Rules, 1965, it can11ot be agitated before AFT - AFT
    shall have no jurisdiction to hear and decide grievances of GREF
    personnel relating to 'service matters' - On facts, in the absence of
    lack of inherent jurisdiction of CAT to deal with the issue of
G
    upgradation, the said judgment is a nullity- Thus, the view expressed
    by the High Court that it only has the jurisdiction to deal with the
    controversy raised by the appellant, is concurred with - Since the
    grievance agitated by the appellant has not really been addressed
    by any competent forum, appellant granted liberty to approach the
H   High Court for redressal of his grievances.
                                  422
      MOHAMMED ANSARI           v.   UNION OF INDIA &
                                                          ORS.          423

     Dismissing the appeal, the Court
     HELD: 1.1 The Statement of                                   ,




 Armed Forces Tribunal Act, 2007       Objects and Reasons of the
Forces Tribunal is constituted forclearly
                                     the
                                            postulate that the Armed
and disputes regarding service           adjudication of complaints
                                   matters and
of the verdicts of the court-martial of          appeals arising out
                                          the members of
services (Army, Navy and Air Force) to                      the three   B
                                                                        B
less expensive justice to the members       provide for quicker and
                                          of the said Armed
of the Union. There is no
                              dispute that members of the Forces
(General Reserve Engineering Force)                            GREF
Forces. GREF, is a departmental construction  belong  to the  Armed
to build and maintain                             agency responsible
                       roads in the North and
areas of the country. It is different fromNorth Eastern border          C
agencies like CPWD, PWD, etc, inasmuch as,other       construction
                                               it is a Force
and maintained by the Central Govt. to                       raised
                                       support the Army in
                                                            latter's
operational role at the border
                            areas. The GREF
                                              functions under
the Border Road Development
                             Board, and its Units are modeled           D
on the lines of
                Army Units/Sub Units like Task Force, Road
Construction Companies, Road Maintenance Platoons
                                                    etc. [Paras
20, 24] [435-F-G; 438-E-G]
      1.2 Notification No. SRO 329, Schedule A carves out
                                                          certain
exceptions. Certain provisions of the Army Act 1950 i.e. Sections
10, 11, 13 to  17, 20, 22 to 24 [falling under                           E
1950 Act dealing with commission,                Chapter IlI of the
Section 43, 44 [falling under        appointment and enrolment]
                              Chapter VI-offences' viz. fraudulent
enrolment and false answers on enrolment
clauses (d), (e), (0, (g) and (k) of Sections    respectively and
                                              71, 74 to 78,
9(e), () and (j) of Section 80 and clause (a) of Section clauses
under                                                    84, falling     F
       Chapter VII punishment] have been exempted in their
                      -




application to the civilian members of the GREF, for the civilian
personnel of GREF are not commissioned or enrolled or
under the 1950 Act and                                appointed
                          they are not, therefore, members of the
regular Army' as defined in Section 3(xxi) of the 1950 Act. It is
for this reason that certain                                             G
                             provisions of the 1950 Act as set out
inSchedule B of the SRO 329 have been modified in their
application to the members of the GREF. This is fortified by the
1act that the GREF
                     personnel are appointed as civilian component
of the force in
                various appointment(s)/ designation in GREF and
notified with equivalent ranks in the regular army for the purpose      H
    424             SUPREME COURT REPORTS                      [2017] 1 S.c.R.


A          of the 1950 Act vide SRO 1001 dated 20th May, 1961. [Para 291
           441-C-F]
                 1.3 In view of the statutory framework, it is demonstrable
           that the 1950 Act and the Army Rules, 1954 have been applied to
           civilian personnel of the GREF only.for the purpose of discipline.
    B      The reasons are obvious. The GREF is a force raised and
           maintained under the authority of the Central Government, its
           units are set up on the lines of the Indian Army, it works with and
           under close co-ordination with regular army in border areas,
           facilitates the Indian Army to carry out its operational role, ete.
Hence, it has been felt appropriate that the 1950 Act should be
C made applicable to a force raised and maintained by the Central
  Government as considered necessary in the interest of discipline.
  The issue can be perceived from a different perspective. The
  GREF personnel are subjected by legislative scheme to dual
                      '.
          disciplinary control, and such an arrangement is permissible as
D         has been held in *R. Viswan's case. When the offence is such that
          the provisions of the 1950 Act, as extended to GREF, apply for
          the purpose of discipline, it will be open to the competent
          disciplinary authority under the 1950 Act, to proceed against the
          delinquent under its provisions, and if found guilty, award
          appropriate punishment. For example, if an offence is committed
E         in relation to an enemy, offences on active service,
                                                                      mutiny,
          desertion, disobedience, etc., considering the nature and gravity
          of the offence, it may warrant severe action against the delinquent
          by way of trial by a court martial. In other disciplinary cases, the
          competent authority may decide to proceed under Central Civil
F         Services (Control, Classification and Appeal) Rules, 1965-
          CCS(CCA) Rules, 1965 in which the maximum permissible
          punishment is only 'dismissal from service'. [Para 301 [441-G-H;
          442-A-D
               1.4 The 2007 Act has been made applicable to
                                                               persons
G         subject to the 1950 Act, the Navy Act, 1957 and the Air Force
          Act, 1950, the retired personnel subject to these Acts including8
          their dependants, heirs and successors insofar as it relates to
          their service matters. The tribunal constituted in terms of
          Sections 4 and 5 thereof, is vested with twin jurisdiction viz.y
          jurisdiction, powers and authority in service matters as provided
H
      MOHAMMED ANSARI v. UNION OF INDIA & ORS.                             425



in Section 14 and the jurisdiction in matter of appeal against courts       A.
martial under Section 15 of the Act. [Para 31) (442-E)
      1.5 The legal position tliat emerges is that AFT shall have
jurisdiction (i) to bear appeals arising out of courts martial
verdicts qua GREF personnel. To this extent alone the AFT shall
have jurisdii:tion. At the same time if the punishment is imposed           B
on GREF personnel by way of departmental proceedings held
under the CCS(CCA) Rules, 1965 the same cannot be agitated
before the AFT and (ii) AFT shall have no jurisdiction to bear
and decide grievances of GREF personnel relating to their terms
and ~onditioils of service or alternatively put 'service matters'.
[Para 33] (443-C-D]                                                         c
       1.6 During the pendency of the matter before the High Court,
the tribunal bad passed the final order on 5.11.2012 in favour of
the appellant. The tribunal does not have the jurisdiction to deal
with an issue of upgradation or the nature of /is raised by the
appellant before it. In the absence of lack of inherent jurisdiction        D
to deal with the issue, the said judgment is a nullity. It bas no
existence in law. It is well settled in law that the judgment passed
is a nullity if it is passed by a court having no inherent jurisdiction.
The decree to be called a nullity is to be understood in the sense
that it is ultra vires the powers of the court passing the decree           E
and not merely voidable decree. (Para 34) (443-E-F)
       Hira/al Moolchand Doshi v. Barot Raman Lal
       Ranchhoddas (1993) 1 SCR 1113 : (1993) 2 SCC 458
       - relied on.
       1.7 The view expressed by the High Court that it only has            F
 the jurisdiction to deal with the controversy raised by the appellant
 is concurred with. The challenge was by the Union of India .and
 its functionaries to the order dated 18.6.2012 passed by the
 tribunal negativing the preliminary objection raised by the Central
·Government as regards tbe'jurisdiction of the tribunal. Thus, the          G
 grievance agitated by the appellant was not been addressed by
 any competent forum. His grievance deserves to be dealt with in
 accordance with law. The appellant is granted liberty to approach
 the High Court for redressal of bis grievances within three months
 hence. [Para 35) [443-G-H; 444-A-B)
                                                                            H
426              SUPREME COURT REPORTS                       · [2017] I S.C.R.


A           R. Viswan & Ors. v. Union of India & Ors (1983) 3
            SCR 60 : (1983) 3 SCC 401; Union of India & Ors. v.
            Sunil Kumar Sarkar (2001) 3 SCC 414; L. Chandra
            Kumar v. Union of India [1997) 2 SCR 1186 : (1997) 3
            SCC 261; Union of India v. GS. Grewal (2014) 7 SCC
            303; Sub. Inspector Roop/al v. Ltd. Governer (1999) 5
B
            Suppl. SCR 310 : (2000) 1 SCC 644 - referred to.
                              Case Law Reference
      [1983) 3 SCR 60                   referred to              Para4
      (2000 :i sec 414                  referred to              Para5
c     [19971 2 SCR 1186                 referred to              Para 19
      c201~) 1   sec 303                referred to              Para26
      [19991 S Suppl. SCR 310           referred to              Para 27
      [19931 1 SCR 1113                 relied on                Para 34
           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10131
D
      of2016.
          From the Judgment and Order dated 02.08.2013 of the High Court
      ofGuwahati in Writ Petition (C) No. 4074 of2012.
             Ms. Priya Hingorani, Rajesh K. Singh, R. V. Kameshwaran, Advs.
E     for the Appellant.                    ·
            M~. Pinky Anand, ASG., Ms. Madhavi Divan, Rashmi Malhotra,
      R. K. Rathore, R. S. Nagar, Ms. Nidhi Khanna, D.S. Mahra, Ms. Sindha
      Mehra, Advs. for the Respondents.
            The Judgment of the Court was delivered by
F
             DIPAK MISRA, J, I. The appellant was appointed as an
      Assistant Executive Engineer (E&M) vide order dated 03.06.1985 in
      Border Roads Engineering Services (BRES) by the competent authority
      of the Government oflndia, Ministry of Shipping and Transport. In due
      course, he was promoted to the post of Executive Engineer (E&M) on
G     30.05.1997 and thereafter promoted to the grade of Superintending
      Engineet (E&M) in General Reserve Engineering Force (GREF) of
      Border Roads Organization in the pay scale of Rs.1.2000-375-16500/-
      with effect from the date he assumes the charge of the post. The
      appellant after completion of more than requisite years of service was
      not granted non-functional financial upgradation for officers of Organised
H
       MOHAMMED ANSARI v. UNION OF INDIA & ORS.                                427
                 [DIPAK MISRA, J.]

Group A and that compelled him to make representation to the concerned         A
authorities but the same were turned down on the ground that he had not
fulfilled the stipulated command posting of two years. Being aggrieved
by the said communication, the appellant preferred Original Application
No. 102 of 2012 before the Central Administrative Tribunal, Guwahati
Bench, Guwahati.
                                                                                B
       2. The respondent filed a preliminary objection regardingjurisdiction
of the tribunal. The tribunal decided the issue in favour of the appellant
vi de order dated 18.06.2012. The tribunal referred to its own decision in
Ramkali Misllra & Ors. v. Union of India passed by the Lucknow
Bench wherein it has been held as follows:-
                                                                                c
       "9. From what has been discussed above, the applicant,
       who is a directly recruited personnel ofG.R.E.F., is governed
       by Rules of 1965 except.for those rights which are restricted                 -·
       by S.R.O. 329 as amended by SRO 364 and 330 issued
       under section 4 of the Act of 1950 and read with Article. 33
       ofthe Constitution oflndia, in view of this, this Tribunal has           D
       jurisdiction to entertain the present 0.A. filed against the
       order of removal passed against the applicant under Rules
       of 1965."
       Being of this view the tribunal opined that it has jurisdiction to
entertain the original application.                                             E
      3. Dissatisfied witlr the order of the tribunal, the respondents
preferred W.P. (C) No. 4074 of 2012 seeking quashment of the order
passed by the tribunal. The High Court by the impugned order dated
2.8.2013 posed the following question:-
        "Whether a member of the GREF can ·be regarded as                       F
        member of Armed Forces, for, such a member, ifregarded,
        iti law, as a member of the Armed Forces, then, would the
        provisions, embodied in the Administrative Tribunals Act,
        1985, not be available to such a member?
       4. The High Court referred to the Constitution Bench de-;ision in       G
R. Viswan & Ors. v. Union of India & Ors', reproduced various
passages from the said authority and also the order passed in S.L.P. (C)
No. 8096of1995 (Union ofIndia v. Smt. Vidyawati) and came to hold
as follows:-
 ' (1983) 3   sec 401                                                          H
428            SUPREME COURT REPORTS                            (2017] 1 S.C.R.


A           "In the light of the decision, reached by the Supreme Court,
            in Vidyawati's case (supra), one can have no escape from
            the conclusion, and we do conclude, that as far as Central
            Administrative Tfml!ffal is concerned, a member of the
            GREF is not covered, in the light ofthe decision in R. Viswan
            (supra)read with the decision in Vidyawati's case (supra), .
B
            by the provisions of the AdministrativeTribunals Act, 1985,
            and, hence, a member of the GREF would be disentitled
            from invoking the jurisdiction of the Central Administrative
            Tribunal."
            5. Thereafter, the High Court addressed the issue whether a
c     memberofthe GREF is covered by the provisions embodied in the Armed
      Forces Tribunal Act, 2007 (for brevity, "the 2007 Act"). The Court
      adverted to the provisions of the Army Act, 1950 (for short, "the 1950
      Act"), the provisions contained in the 2007 Act, the Central Civil Services
      (Control, Classification and Appeal) Rules, 1965, the.authority in Union .0
D     ofIndia & Ors. v. Sunil Kumar Sarkar, and eventually arrived at the
      followingconclusion:-
            "32. What surfaces from the above discussion is that the
            present respondent, as a member of the GREF and a
            member of the Armed Forces, cannot, in the light of the
E           decision, in R. Viswan (s~pra). read with the decision, in
            V;dyawati's case( supra), and could not have taken recourse
            to the provisions of the Administrative Tribunals Act, 1985.
            Consequently, the learned Central Administrative Tribunal
            has/had no jurisdiction in the matter of the petitioner's (i.e.,
            the present respondent's) grievance as regards refusal to
F           grant him financial upgradation and, at the same time, the
            respondent's grievance shows that even the Armed Forces
            Tribunal cannot redress, and could not have redressed, his
            grievance as regards refusal to grant him financial
            upgradation. The remedy of the respondent, therefore, lies
G           in making appropriate application in the High Court, under
            Article 226 of the Constitution of India, or in instituting
            appropriate suit for remedy of his grievances."
            6. Challenging the said order, it is contended by Ms. Priya
 , Hingorani, learned counsel for the appellant that the High _Court has
H  2
     c2001)3 sec 414
      MOHAMMED ANSARI v. UNION OF INDIA & ORS.                                  429
                [DIPAK MISRA, J.]

failed to appreciate that the nature of grievance raised. is adjudicable A
before the Central Administrative Tribunal and as a fact after determining
the issue of jurisdiction which was raised as a preliminary issue, the
tribunal has dealt with the controversy and granted the relief which has ·
gone unassailed and in such a situation, the High Court should have
declined to interfere. Learned counsel would further submit that the
                                                                            B
reliance placed by the High Court on the authorities in R. Jliswan (supra)
and Sunil Kumar Sarkar (supra) is founded on an inapposite appreciation,
for the claim of the appellant is absolutely different. Additionally, it is
urged that the delineation as regards lack of jurisdiction of the Armed
F~rces Tribunal suffers from fallacious reasoning. Lastly, it is canvassed
that this Court may finally determine the forum and allow the appellant c
to prosecute his remedy, for he cannot have a grievance without a forum
to agitate.
       7. It is further urged that the High Court has failed to appreciate
the impact and effect of the clarificatory circular issued by the office of
Director General, Border Roads dated 61" June, 2012 as a. consequence           D
of an indefensible view has been expressed by the High Court which is
required to be annulled.
      8. Ms. Pinky Anand, learned Additional Solicitor General appearing
for the respondents contends that the High Court has appositely held
thatthe Central Administrative Tribunal has no jurisdiction to dwell upon        E
the matters relating to employees of General Reserve Engineering Force
which constitutes a part of the Border Roads Development Board
(BRDB). It is !\er submission -that the Armed Forces Tribunal does not
have jurisdiction in terms of exceptions carved out under SRO 329 and
330 which.have been issued by the Government in exercise of its power
under Section 4( 1) of the 1950 Act. It is put forth that these exceptions       F
and these exceptions exclude the GREF from the purview of the 1950
Act in certain cases which pertain to service matters. On that basis, the
learned counsel would urge that Section 2(1) of the 2007 Act though
applies to all persons subject to the 1950 Act, yet regard being l;ad to the
langwige employed in SRO 329 and 330, the matters related to the service         G
conditions of GREF would be governed by the Central Civil Service
Rules, 1965. Therefore, submits the learned senior counsel, it is only the
High Court that can entertain a-/is relating to serviced ispute under Article
226 of the Constitution oflndia.

                                                                                 H
l


430                SUPREME COURT REPORTS                         [2017] l S C.R.


    A          9. It is not in dispute that the appellant is a member of GREF in
       Border Roads Engineering Services. In R. Viswan (supra), the
       Constitution Bench was engaged in the interpretation of Article 33 of
       the Constitution and with the issue whether Section 21 of the 1950 Act
       read with Chapter IV of the Anny Rules, 1954 is within the scope and
       ambit ofArticle 33 and, if it is, whether Central Government Notifications
    B
       Nos. SRO 329 and 330 dated September 23, 1960 making, inter alia,
       Section 21 of the 1950 Act and Chapter IV of the Arl]ly Rules, 1954
       applicable to the General Reserve Engineering Force are ultra vires
       that Article since the General Reserve Engineering Force is neither an
       Arined f.i;trce nor a Force charged with the maintenance of public order.
    c ·The larger Bench dealing with the same adverted to the primary functions
       of GREF, the provisions of the 1950 Act and opined that so far as the
       personnel of GREF are concerned, they are partly drawn from the Anny
       and partly by direct recruitment. Anny personnel are posted in GREF
       accordir.g to a deliberate and carefully planned manning policy evolved
       with a view to ensuring the special character ofGREF as a force intended
    D
       to suppo1t the Army in its operational requirements. The posting ofAnny
       personnel in GREF units is in fact regarded as normal regimental posting
       and does not entitle the Anny personnel so posted to any deputation or
       other allowance and it is equated with similar posting in the Anny for the
       purpose of promotion, career planning etc. The tenure of Anny per.sonnel
    E posted h GREF units is treated as normal Regimental Duty and such
        Army personnel continue to be subject to the provisions of the 1950 Act
       and the Anny Rules, 1954 whilst in GREF. The Court further ruled that
       the Army personnel who form an important segment of GREF, even the
        directly recruited personnel who do not come from the Anny are subjected
        to strict Army discipline having regard to the special character ofGREF
    F
        and the highly important role it is called upon to play in support of the
        Army in its operational requirements. Since the capacity and efficiency
        ofGREF units in the event of outbreak of hostilities depends on their all
        time capacity and efficiency, they are subjected to rigorous discipline
        even during peace time, because it is elementary that they cannot be
    G   expected suddenly to rise to the occasion and provide necessary support
        to the Army during military operations unless they are properly disciplined
        and in fit condition at all times so as to be prepared for any eventuality.
                I 0. After adverting to the constitutional validity of Section 29 of
         the 1950 Act, the Court deliberated upon SRO 329 and 330 issued under
    Ii   the said Act and the Army Rules 1954 and expressed thus:-
      MOHAMMED ANSARI v. UNION OF INDIA & ORS.                                 431
                [DIPAK MISRA, J.]

      "The history, composition, administration, organisation and               A
      role of GREF which we have described above while
      narrating the facts clearly show that GREF is an integral
      part of the Armed Forces. It is undoubtedly a departmental
      construction agency as contended on behalf of the
      petitioners but it is distinct from other construction agencies
                                                                                B
       such as Central Public Works Department eic. in that it is a
       Force intended primarily to support.the Army in its
       operational requirement. It is significant to note that the
       Border Roads organisation, which is in overall control of
       GREF was originally created as part ofArmy Headquarters
       and it was only later, for reasons of high policy, that it was           c
       separated from Army Headquarters and placed under the
     . Border Roads Development Board."
        11. Elaborating further, the Constitution Bench opined that GREF
units carry out essentially those tasks which are otherwise carried out
by Army Engineering Regiments and they provide engineering support D
to the Army both during peace time as also during hostilities. Dwelling
upon the conditions of service and various facets, the Court ruled that
the training includes not only drill, marching and saluting but also combat
training including physical training such as standing exercises, beam
exercises, rope work, route marches, etc. and combat engineering training
including field engineering, hand Iing of service explosives, camouflage, E
combat equipment, bridging, field fortifications, wire obstacles, etc.
Moreover, the directly recruited personnel are taken up only after they
voluntarily accept the terms and conditions of ef"piuyment which include,
inter alia, conditions S(iv), S(v), 5(vi) and 5(xi) and the said conditions
make it clear that the directly recrnited personnel may be required to F
serve anywhere in India and outsiC:e India and when directed, they would
have to proceed on field service and if required, they would also be
 liable to serve in any Defence Service or post connected with the defence
o/'Jndia. The Court furthernoted that it is also stipulated in these conditions ·
 that on their appointment, the directly recruited personnel would have to
wear the prescribed uniform while on duty and that they would be subject G
 to the provisions of the 1950 Act and the Army Rules, 1954 as laid down
 in SROs Nos. 329 and 330 for purposes of discipline and hence, it is
 abundantly clear that GREF is an integral part of the Armed Forces and
 the members of GREF can legitimately be said to be members of the
 Armed Forces within the meaning of Article 33 of the Constitution.               H
432             SUPREME COURT REPORTS                           [2017] I S.C.R.


A           12. In SunI/ Kumar Sarkar (supra) a general court martial under
      the provisions of the 1950 Act was initiated against the respondent for
      certain allegation of defrauding the Border Road Organisation in which
      he was working as Superintendent, Buildings and Roads, Grade II. On
      conclusion of the proceeding, he was found guilty and sentenced to
      undergo rigorous imprisonment for one year. The order of conviction
B
      was confirmed by the competent authority. During the said period, the
      authorities acting under Rule 19 of the 1965 Rules issued a show cause
      notice as to why a suitable order should not be passed against him. The
      authority on the conclusion of the said departmental enquiry, dismissed
      the respondent from service. The review petition filed by the respondent
c     therein did not meet with success. The conviction under the 1950 Act
      and the dismissal under the Army Rules was challenged before the
      Calcutta High Court in a writ petition and the learned Single Judge allowed
      the writ petition directing the authorities to pass a fresh order containing
      reasons. The said order was assailed in intra-court appeal and the Division
      Bench allowed the appeal opining that the court martial proceedings as
D
      well as disciplinary proceedings initiated against him were vitiated. This
      Court, being moved by the Union oflndia, allowed the appeal and quashed
      the judgment of the Division Bench. However, in. that context it observed
      that in the course of the argument, a.doubt was raised as to maintainability
      of the concurrent proceedings initiated against the respondent by the
E     authorities, for the respondent had been punished for the same misconduct
      by them under the 1950 Act and as also under the 1965 Rules and in
      such a situation, it would amount to double jeopardy and thereby violating
      Article 14 of the Constitution oflndia. Dealing with the said facet, the
      Court held:-
F           "Having considered the arguments addressed in this behalf,
            we are of the opinion that so far as the concurrent
            proceedings initiated by the Organisation against the.
            respondent both under the Army Act and the Central Rules
            are concerned, they are unexceptionable. These two
            proceedings operate in two different fields though the crime
G           or the misconduct might arise out of the same act. The
            court-martial proceedings deal with the penal aspect of the
            misconduct while the proceedings under the Central Rules
            deal with the disciplinary aspect of the misconduct. The
            two proceedings do not overlap. As a matter of fact,
H
      MOHAMMED ANSARI v. UNION OF INDIA & ORS.                                  433
                [DIPAK MISRA, J.]

      Notification No. SR0-329 dated 23-9-1960 issued under                      A
      the Central Rules and under sub-sections (I) and (4) of
      Section 4 of the Army Act makes this position clear. By
      this notification, the punishments that could be meted out
      under the Central Rules have been taken out of the purview
      of the court-martial proceedings under the Army Act. We
      further find support for this view of ours in the judgment of
                                                                                 B
      this Court in R Viswan v. Union of India. "
        13. The aforesaid decision makes it clear that the proceedings
under the 1950 Act as well as the 1965 Rules are maintainable and do
not a.'llount to double jeopardy. The principle that is deducible is that the
person aggrieved under the 1950 Act atthatjuncture can approach High             c
Cour; and similarly, the same person aggrieved by the imposition of
punishment under the disciplinary proceeding can challenge the same
under Article 226 of the Constitution before the High Court. Thus, it is
graphically clear that this Court did not think that the aggrieved party
can agitate the grievance before the Central Administrative Tribunal             D
undey the 1985 Act. ··
     14. In this regard, we may refer to the SRO 329 issued by the
Government oflndia in exercise of its power under Section 4(1) of the
1950 Act. It reads as follows:-
       "SRO 329 dated 23-9-1960                                                  E
       In exercise of the powers conferred by sub-sections (I)
       and (4) of Section 4 of the Army Act, 19~11 (16of1950),
       the Cc:ntral Government hereby:
       (a) applies to the General Reserve Engineer Force, being a
                                                                                 F
       force raised and maintained in India under the authority of
       the Central Government, all the provisions of the said Act
       with the exception of those shown in Schedule' A' subject
       to the modifications set forth in Schedule 'B'; and
       (b) directs thatthe officers mentioned in the first column of
                                                                                 G
       Schedule 'C' shall exercise or perform in respect of
       members of the said force under their command the
       jurisdiction, powers and duties incidental to the operations
       of the said Act, specified in the second column thereof.''.

                                                                                 H
434            SUPREME COURT REPORTS                           [2017] I S.C.R.


A           15,. The aforesaid circular carves out certain exceptions. These
      exceptions include the GREF from purview of the 19~0 Act in certain
      cases p~rtaining to service matters, in particular. To appreciate the
      controversy, it is pertinent to mention the exceptions which feature in
      Schedule A. They read as follows:-
B                                 "SCHEDULE-A
                                    EXCEPTIONS
             S:OCTIONS 10, II, 13to 17,20,22to24,43,44CLAUSES(d),
       (e), (t), (g) and (k) of Section 71, 74 to 78 clauses (e), (t) and (j) of
                       Section 80 and clauses (a) Section 84."
            The aforesaid exceptions clearly show that the 1950 Act has not
c     been applied in entirety to the members ofGREF.
          16. In this regard, it is pertinent to reproduce Section 2(a) of the
      Administrative Tribunals Act, 1985, which reads as follows:-
            "2. Act not to apply to certain persons: The provisions
D           of this Act shall not apply to-
            (a) any member of the naval, military or air forces or of
            any other armed forces of the Union;"
             17. Section 3(q) of Administrative Tribunals Act, 1985, which is
      also rekvant is reproduced below:-
E
            "3(q) "service matters", in relation to a person, means all
            matters relating to the conditions of his service in connection
            with the affairs of the Union or of any State or of any local
            or other authority within the territory oflndia or under the
            control of the.Government of India, or, as the case may be,
F           of any corporation or society owned or controlled by the
            Government, as respects-
            (i) remuneration (including allowances), pension and other
            retirement benefits;
            (ii) tenure including confirmation, seniority, promotion,
G
            reversion, premature retirement and superannuation;
            !iii) leave of any kind;
            (iv) disciplinary matters; or
            (v) any other matter whatsoever;"
H
      MOHAMMED ANSARI v. UNION OF INDIA & ORS.                                   435
                · [DIPAK MISRA, J.]

        18. On a'plain reading of both the provisions, it is noticeable that     A
the language of the provisions is absolutely plain and the Act does not
apply to any member of the armed forces and, therefore, the High Court
is justified in holding that Central Administrative Tribunal does not have
the jurisdiction to deal with the controversy. In this regard, reliance has
been placed in the order passed on January 9, I 998 in the case of
                                                                                  B
Vidyawati (supra):-
      "As it appears to us that members of General Reserve
      Engineer Force cannot move the Central Administrative
      Tribunal in view of the decision of this Court in R. Viswan
      & Ors. v. Union oflndia & Ors. (AIR 1983 SC 558), that
      impugned decision of the Central Administrative Tribunal                    c
      cannot be sustained and therefore is set aside. Liberty is,
      however; given to the respondent to move the High Court
      for appropriate relief if that respondent so desires. If such
      writ petition is filed, it will be appreciated ifthat High Court
      disposes of the same .at an early date in view of the                       D
      respondent is an aged widow."
       19. Be it noted the High Court has relied on the same. It has
referred to the decision in L. Cf/and/a Kumar v. Union of India', but
we are disposed to think that it is not necessary to be adverted to the
same, as there can be no trace of doubt that. the Central Administrative          E
Tribunal has not been conferred jurisdiction to deal with the /is in question.
       20. The next issue that emerges for consideration is whether after
coming into force of the 2007 Act, it will be the Armed Forces Tribunal
whicli shall deal with the controversy or the High Court would still have
the original jurisdiction under Article 226 of the Constitution of India.         F
The Statement of Objects and Reasons of the 2007 Act clearly postulate
that the Armed Forces Tribunal is constituted for the adjudication of
complaints and disputes regarding service matters and appeals arising
out of the verdicts of the court-martial of the members u: i~1~ three
services (Army, Navy and Air Force) to provide for quicker ai1ci less
expensivejusticeto the members ofthe said Armed Forces of the Uni 1.              G
Section 2 which deals with the applicability of the 2007 Act, reads.,.
follows:-
       "2. Applicability of the Act: (I) The provisions of this

 '(1997) 3 sec 261
                                                                                  H-"
436            SUPREME COURT REPORTS                            [2017] I S.C.R.


A           Act shall apply to all persons subject to the Anny Act, 1950,
            (46of1950), the Navy Act, 1957 (62of1957) and the Air
            Force Act, 1950 (45 of 1950).
            (:<)This Act shall also apply to retired personnel subjectto
            theAnnyAct, 1950(46ofl950)ortheNavyAct, 1957(62
B           of 1957) or the Air Force Act, 1950 (45of1950) including
            their dependants, heirs and successors, in so far as it relates
            to their service matters."
          21. Section 3(o) of the 2007 Act deals with jurisdiction of the
      Armed Forces Tribunal in respect of service matters. It is as follows:-
c           "3(o) "service matters", in relation to the persons subject
            to the Army Act, 1950 (46of1950), the Navy Act, 1957
            (62 of 1957) and the Air Force Act, 1950 (45 of 1950),
            mean all matters relating to the conditions of their service
            and shall include-
D           (i) remuneration (including allowances), pension and other
            retirement benefits;
            (ii) tenure, including comll\ission, appointment, enrolment,
            probation, confirmation, seniority, training, promotion,
            reversion, premature retirement, superannuation, termination
E           of service and penal deductions;
            (iii) summary disposal and trials where the punishment of
            dismissal is awarded;
            (i-1) any other matter, whatsoever,
F           bnt shall not include matters relating to-
            (i) orders issued under section 18 of the Army Act, 1950
            (46of1950), sub-section (I) of section 15 of the Navy Act,
            1957 (62 of 1957) and section 18 of the Air Force Act,
            1950 (45 of 1950); and
G           (ii) transfers and p()stings including the change of place or
            unit on posting whether individually or as a part of unit,
            formation or ship in relation to the persons subject to the
            Army Act, 1950 (46of1950), the Navy Act, 1957 (62 of
            1957) and the Air Force Act, 1950 (45 of 1950).
H
      MOHAMMED ANSARI v. UNION OF INDIA & ORS.                              437
                [DIPAK MISRA, J.]

      (iii) leave ofany kind;                                                A
      (iv) .Summary Court Martial except where the punishment
      is of dismissal or imprisonment for more than three months;
      22. Section 14 of the 2007 Act relates to jurisdiction, power and
authority of the tribunal, which is extracted below:-
                                                                             B
      "14. Jurisdiction, powers and authority in service
      matters.-{ I) Save as otherwise expressly provided in this
      Act, the Tribunal shall exercise, on and from the appointed
      day, all the jurisdiction, powers and authority, exercisable
      immediately before that day by all courts (except the
      Supreme Court or a High Court exercisingjurisdiction UO<!er            c
      Articles 226 and 227 of the Constitution) in relation to all
      service matters.
      (2) Subject to the other provisions of this Act, a person
      aggrieved by an order pertaining to any service matter may
      make an application to the Tribunal in such form and                   D
      accompanied by such documents or other evidence and on
      payment of such fee as may be prescribed.
      (3) On receipt of an application relating to service matters,
      the Tribunal shall, if satisfied after due inquiry, as it may
      deem necessary, that it is fit for adjudication by it, admit           E
      such application; but where the Tribunal is not so satisfied,
      it may dismiss the application after recording its reasons in
      writing.
      (4) xxxxxxxxxx
      (5) xxxxxxxxxx"
                                                                             F

      23. The language employed in Section 2 of the 2007 Act the lays
the postulate that it will apply subject to the 1950Act. Section 4 of the
I950 Act occurs in Chapter II which comes under the heading 'Special
provisions for the application of Act .in certain cases", which reads as
follows:-                                                                    G
      "4. Application of Act to certain forces under Central
      Government.-( I) The Central Government may, by
      notification; apply, with or without modifications, all or any
      c;>f the provisions of this Act to any force raised and
                                                                             H
438            SUPREME COURT REPORTS                           (2017] l S.C.R.


A            maintained in India underthe authority of that Government,
       . , . a11d suspend the operation ·of any other enactment for the
             time being applicable to the said force.
            (2) The provisions of this Act so applied shall have effect in
            respect of persons belonging to the said force as they have
B           effect in respect of persons subject to this Act holding in
            the regular Arniy the same or equivalent rank as the
            aforesaid persons hold for the time being in the said force.
            (3) The provisions of this Act so applied shall also have
            effect in respect of persons who are employed by or are in
c           the service of or are followers ofor accompany any portion
            of the said force as they have effect in respect of persons
            subject to this Act under clause (i) of sub- section (I) of
            section (2).
            (4) While any of the provisions of this Act apply to the said
D           force, the Central Government may, by notification, direct
            by what authority any jurisdiction, powers or duties incident
            to the operation of these provisions shall be exercised or
            performed in respect of the said force.
            24. The statement of objects and reasons of the 2007 Act, as is
 E    manifest, mandates adjudication of complaints and disputes regarding
      service matters of the members of the Armed Forces. There is no
      dispute that members of the GREF belong to the Armed Forces. The
      constitution of GREF, as has been understood by this Court, has to be
      appreciated. It is a departmental construction agency responsible to
      build and maintain roads in the North and North Eastern border areas of
 F    the country. It is different from other construction agencies like CPWD,
      PWD, etc, inasmuch as, it is a Force raised and maintained by the Central
      Govt. to support the Army in latter's operational role at the border areas.
      The GRF.F functions under the Border Road Development Boara, and
       its Units are modeled on the lines of Army Units/Sub Units like Task
       force, Road Construction Companies, Road Maintenance Platoons etc.
 G
           25. To appreciate the controversy at hand, it is imperative to
      understand what has been held in R. Jliswan (supra). The question that
      was rais~d before the Constitution Bench was as to whether members
      ofGREF could be said to be the members of the Armed Forces within
      the meaning of Article 33 so as to apply Section 21 of the I ~50 Act to
 H
          MOHAMMED ANSARI v. UNION OF INDIA & OFS.                                  439
                    [DIPAK MISRA, J.]

   them and the larger Bench, as has been stated earlier, held that since the       A
   members ofGREF in the matters of discipline, are governed both by the
   provisions of 1950 Act and CCS(CCA) Rules, therefore, it will be left to
   the discretion of the authority whether to proceed against the employee
   under the 1950 Act or under the CCS(CCA) Rules and rejected the
   contention on the ground that the nature of the proceedings under both
                                                                                    B
   are d;fferent, the former being penal and the latter merely disciplinary in
   character. Therefore, R. Viswan (supra) is an authority to the extent
   that the meJllbers of GREF though may be termed as civilian officers,
   yet by the very nature of the organisation, are treated to be an integral
   part of the Armed Forces within the meaning of Article 33 of the
   Constitution oflndia and would be subjected to penal action under the            c
   provisions of the 1950 Act and Army Rules, 1954 and disciplinary action
   under CCS (CCA) Rules, 1965.
           26. In this regard, it is apt to refer to the authority in Union of
   India v. GS. Grewal'. In the said case, the respondent, a major in
   Arm;/, was considered for promotion to the next higher grade, i.e., Lt.           D
   Colonel, but could not be promoted after specified number of attempts.
   He was finally superseded in the Army and thereafter joined Directorate
   General of Quality Assurances (DGQA) and secured temporary
   secondment therein. In DGQA there was a provision vide OM dated
   04.05.1993 that an officer finally superseded in Army would not be entitled
   to permanent secondment. In Army, however, pursuant to the report of              E
   a committee known as' A.V. Singh Committee', all officers holding rank
   of Maj or who had completed 13 years of service, were promoted to the
   rank of Lt. Colonel irrespective of whether such officers had been
,· finally superseded or not. The respondent was promoted as Lt. Colonel
   on 16.12.2004. However, the said policy was discontinued on 12.10.2007            F
   on the orders of the Government. A policy for permanent secondment
   and promotion was issued on 16.11.2007 providing that permanent
   secor.dment will be restricted to the rank of Lt. Colonel and also that
   officers once permanently seconded would continue in the organisation
   till they retire and will also be considered for promotion to higher grades
   against their vacancies. The respondent was permanently seconded in               G
   DGQA on 10.04.2008 and also earned his next promotion to the rank of
   Colo11el on 22.I0.2008 in DGQA. The Ministry of Defence, however,
   issued an order dated 23 .04.20 I 0 stating that since the policy of promotion
   had teen discontinued in the Army, the effect thereof was restoration of
    • (2014) 7 sec 303                                                               H
440             SUPREME COURT REPORTS                           (2017] 1 S.C.R.


A     the earlier policy of 1993 in DGQA and, thus, no permanent secondment
      could be given after discontinuation of the policy in the Army in the year
      2006. It was further provided that permanent secondment already given
      would not be withdrawn, but no further promotion shall be given to such
      officers. It was this order which was successfully assailed before the
      Armed Forces Tribunal. Before this Court, two contentions, namely, (i)
B
      the tribunal could not have entertained the /is since there was a decision
      by a coordinate bench of the tribunal holding that it had no jurisdiction,
      and (ii) the order impugned having been passed by the DGQA which is
      a civilian organisation, the tribunal did not have jurisdiction to deal with
      the matter, were raised.
c            2/. The Court though remanded the matter principally on the
      premise of the law laid down in Sub. Inspector Rooplal v. Ltd.
      <Joverner', yet in para 26 of the judgment, considered the questior. as to
      what would be determinative in considering the jurisdiction of the tribunal
      in the matters of officers also subjected to the 1950 Act and Army Rules.
D     It obser-;ed as under:-
             "We may point out that merely because the respondent is
             subject to the Army Act would not by itself be sufficientto
             ccnclude that the Tribunal has the jurisdiction to deal with
             any case brought before it by such a person. It wou Id depend
E            upon the subject-matter which is brought before the Tribunal
             and the Tribunal is also required to determine as to whether
             such a subject-matter falls within the definition of"service
             matters'', as contained in Section 3(o) of the AFT Act. In
             Major General S.B. Akali case•, the Principal Bench
             primarily went by this consideration. The subject-matter
F            was promotion to the rank of Lieutenant General and this
             promotion was governed by the Rules contained in the Policy
             of DRDO and not under the Army Act. Therefore, in the
             instant case, it is required to be examined as to whether the
             relief claimed is entirely within the domain of DGQA or for
G            that matter, the Ministry of Defence orh can still be treated
             a~ "service matter" under Section 3(o) of the AFT Act and
             two aspects are intertwined and inextricably mixed with
             each other. Such an exercise is to be taken on the basis of

      ' t2000J 1sec 644
H     '(TA No. 125 of2010, order dated 9.4.2010 (Tri)
      MOHAMMED ANSARI v. UNION OF JNDJA & ORS.                                  441
                [DIPAK MISRA. J.]

      documents produced by both the sides. That has not be;,n                   A
      done. For this reason, we deem it proper to remit the case
      back to the Tribunal to decide the question of jurisdiction
      keeping in view these parameters."
       28. Thus, the Court clearly held that merely because the respondent
is subjected to the 1950 Act would not by itself be sufficient to conclude       B
that tne tribunal had jurisdiction to deal with any case brought before it
by such a person. It would depend upon the subject matter which is
brought before the tribunal and the tribunal is also required to determine
as to whether such a subject matter falls within the definition of"service
matter" as contained in Section 3(o) of the 2007 Act.
                                                                                 c
       29. At this juncture, it is appropriate to refer to SRO 329. Schedule
A thereof, as stated earlier, carves out certain exceptions. Certain
provisions of the 1950 Act i.e. Sections I 0, 11, 13 to 17, 20, 22 to 24
[falli~g under Chapter Ill of the 1950 Act dealing with commission,
appointment and enrolment], Section 43, 44 [falling under Cha;>ter Vl-
offences' viz. fraudulent enrolment and false answers on enrolment               D
respectively and clauses (d), (e), (f), (g) and (k) of Sections 71, 74 to 78,
clauses 9e), (f) and G) of Section 80 and clause (a) of Section 84, falling
under Chapter Vll -punishment] have been exempted in their application
to the civilian members of the GREF, forthe civilian personnel ofGREF
are n'.lt commissioned or enrolled or appointed under the 1950 Act and           E
they are not, therefore, members of the 'regular Army' as defined in
Section 3(xxi) of the 1950 Act. It is for this reason that certain provisions
of the I 950 Act as set out in Schedule B of the SRO 329 have been
modified in their application to the members ofthe GREF. This is fortified
by the fact that the GREF personnel are appointed as civilian component
of the force in various appointment( s)/designation in GREF and notified         F
with equivalent ranks in the regular army for the purpose of the 1950
Act vide SRO 100 I dated 20'h May, 1961.
      30. In view of the statutory framework, it is demonstrable that
the 1950 Act and the Army Rules, 1954 have been applied to civilian
personnel of the GREF only for the purpose of discipline. Thi' reasons           G
are obvious. The GREF is a force raised and maintained under the
authority of the Central Government, its units are set up on the lines of
the Indian Army, it works with and under close coordination with regular
army in border areas, facilitates the Indian Army to carry out its
                                                                                 H
442             SUPREME COURT REPORTS                            [2017] 1 S.C.R.


A     operational role, etc. Hence, it has been felt appropriate that the 1950
      Act sho'11d be made applicable to a force raised and maintained by the
      Central Government as considered necessary in the interest of discipline.
      The issue can be perceived from a different perspective. The GREF
      personnel are subjected by legislative scheme to dual disciplinary control,
      and such an arrangement is permissible as has been held in R. Jliswan
B
      (supra). When the offence is such that the provisions of the 1950 Act,
      as extended to GREF, apply forthe purpose of discipline, it will be open
      to the c0mpetent disciplinary authority under the 1950 Act, to proceed
      against the delinquent under its provisions, and if found guilty, award
      appropr;ate punishment. In this context, we may give an example. !fan
c     offence is committed in relation to an enemy, offences on active service,
      mutiny, desertion, disobedience, etc., considering the nature and gravity
      of the offence, it may warrant severe action against the delinquent by
      way of trial by a court martial. In other disciplinary cases, the competent
      authority may decide to proceed under CCS(CCA) Rules, 1965 in which
      the maximum permissible punishment is only 'dismissal from service'.
D
             31. In this backdrop,jurisdiction of the tribunal has to be determined.
      As is se<'n, the 2007 Act has been made applicable to persons subject to
      the 1950 Act, the Navy Act, 1957 and the Air Force Act, 1950, the
      retired i;~rsonnel subject to these Acts including their dependants, heirs
      and successors insofar as it relates to their service matters. The tribunal
E     constitmed in terms of Sections 4 and 5 thereof, is vested with twin
      jurisdiction viz., jurisdiction, powers and authority in service matters as
      provided in Section 14 and the jurisdiction in matter of appeal against
      courts martial under Section 15 of the Act.
            32. The situation insofar as jurisdiction of the Armed forces Tribunal
F     (AFT) to hear the appeals arising out of court martial verdicts qua GREF
      personn~l, however, appears to stand on a different footing. It is be~ause
      the provisions of Chapter VI i.e. offences, Chapter VII i.e. punishment,
      Chapter.X i.e. 'courts martial' etc. apply with full force, subject to minor
      exceptions and modifications here and there, as applied to GREF.
G     Therefore, the provisions of the 1950 Act dealing with various
      punishments inflicted by way of courts martial qua GREF personnel as
      applied can be agitated before the AFT and the AFT shall have jurisdiction
      to hear ~ppeals arising out of courts martial verdicts. There can be no
      doubt that in respect of said matters the AFT shall have jurisdiction.
      Denial cfjurisdiction to the said tribunal would be contrary to the 1950
H
        MOHAMMED ANSARI v. UNION OF INDIA & ORS.                                  443
                  [DIPAK MISRA, J.]

Act and the provisions engrafted under the 2007 Act. To eiaborate,                A
right to approach theAFT by the personnel ofGREF who are tried by a
court martial held under the very same Act has to be recognised. At the
same time, ifthe punishment is imposed on GREF personnel by way of
departmental proceedings held under the CCS(CCA) Rules, 1965 then
obviously the same cannot be agitated before the AFT since thP. penalty
                                                                                   B
in such cases will not be one under the 1950 Act but will be under the
CCS(CCA) Rules, 1965. The distinction, as the law exists in th~ present,
has to be done.
       33. From the aforesaid, the legal position that emerges is thatAFT
shall have jurisdiction (i) to hear appeals arising out of court;; martial
verdicts qua GREF personnel. To this extent alone the AFT shall have               c
jurisdiction. At the same time if the punishment is imposed on GREF
personnel by way of departmental proceedings held under the CCS(CCA)
Rules, 1965 the same cannot be agitated before the AFT and (ii) AFT
shall have no jurisdiction to hear and decide grievances of GREF personnel
relating to their terms and conditions of service or alternatively put 'service    D
matters'.
       34. At this stage, it is necessary to recapitulate that during the
pendencyofthe matter before the High Court, the Central Administrative
Tribi;nal had passed the final order on 5.11.2012 in favourofthe appellant.
Be that as it may, the tribunal does not have the jurisdiction to deal with        E
an issue of upgradation or the nature of /is raised by the appellant before
it. In the absence oflack of inherent jurisdiction to deal with the issue,
the said judgment is a nullity. It has no existence in law. It is well settled
in la-v that the judgment passed is a nullity if it is passed by a court
having no inherent jurisdiction. The decree to be called a nullity is to be
understood in the sense that it is ultra vires the powers of the court             F
passing the decree and not merely voidable decree. [See Hirata/
Moolchand Doshi v. Barot Raman Lal Ranchhoddas 7 ].
       35. In view of the aforesaid, we dismiss the appeal an<l concur
with the view expressed by the High Court that it only has the jurisdiction
to deal with the controversy raised by the appellant. The challenge was            G
by the Union oflndia and its.functionaries to the order dated 18.6.2012
passed by the tribunal negativing the preliminary objection raised by the
Central Government as regards the jurisdiction of the tribunal. Thus, the
grievance agitated by the appellant has really not been addressed by any
 7
     (1993)2 SCC458                                                                H
444                SUPREME COURT REPORTS                      [2017] l S.C.R.


A     competent forum. His grievance deserves to be dealt with in accordance
      with law. In view of the obtaining situation, we grant liberty to the
      appellant to approach the High Court for redressal of his grievances
      within three months hence. We request the High Court to dispose 0fthe
      matter, if filed, on its own merits and not throw at the threshold on the
      ground of delay and !aches. There shall be no order as to costs.
B
      Nidhi Jain                                               Appeal disr.iissed.