14Jurisdiction, powers and authority in service matters
(1) 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 exercising jurisdiction under 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 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 such application; but where the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing.
(4) For the purpose of adjudicating an application, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central Government.
(5) The Tribunal shall decide both questions of law and facts that may be raised before it.
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- 1 Short title and commencement
- 2 Applicability of the Act
- 3 Definitions
- 4 Establishment of Armed Forces Tribunal
- 5 Composition of Tribunal and Benches thereof
- 6 Qualifications for appointment of Chairperson and other Members
- 7 Appointment of Chairperson and other Members
- 8 Term of office
- 9 Resignation and removal
- 9A Qualifications, terms and conditions of service of Chairperson and Membe
- 10 Salaries, allowances and other terms and conditions of service of Chairperson and other Members
- 11 Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member
- 12 Financial and administrative powers of Chairperson
- 13 Staff of the Tribunal
- 14 Jurisdiction, powers and authority in service matters
- 15 Jurisdiction, powers and authority in matters of appeal against court martial
- 16 Re-trial
- 17 Powers of the Tribunal on appeal under section 15
- 18 Cost
- 19 Power to punish for contempt
- 20 Distribution of business among the Benches
- 21 Application not to be admitted unless other remedies exhausted
- 22 Limitation
- 23 Procedure and powers of the Tribunal
- 24 Term of sentence and its effect on appeal
- 25 Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel
- 26 Condition as to making of interim order
- 27 Power of Chairperson to transfer cases from one Bench to another
- 28 Decision to be by majority
- 29 Execution of order of Tribunal
- 30 Appeal to Supreme Court
- 31 Leave to appeal
- 32 Condonation
- 33 Exclusion of jurisdiction of civil courts
- 34 Transfer of pending cases
- 35 Provision for filing of certain appeals
- 36 Proceedings before Tribunal to be judicial proceedings
- 37 Members and staff of Tribunal to be public servants
- 38 Protection of action taken in good faith
- 39 Act to have overriding effect
- 40 Power to remove difficulties
- 41 Power of Central Government to make rules
- 42 Power to make rules retrospectively
- 43 Laying of rules