Territorial jurisdiction under Armed Forces Tribunal rules depends on posting and cause of action; Delhi Bench transfer upheld.

Territorial jurisdiction under Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008 depends on the applicant's posting, last posting or attachment, residence after cessation of service, or the place where the cause of action arises. On the pleaded facts, the petitioner was posted at Leh, did not reside within Delhi, and no material showed that the reporting or reviewing officers for the ACRs were within the Principal Bench's jurisdiction. The place where the statutory complaint was decided did not by itself confer forum conveniens. The Delhi HC therefore found the Principal Bench not to be the proper forum, upheld transfer to the Chandigarh Bench, and refused interference with the Tribunal's order.

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Issues: Whether the Principal Bench of the Armed Forces Tribunal at Delhi had territorial jurisdiction to entertain the petition challenging the rejection of the statutory complaint and adverse ACRs, and whether the transfer of the matter to the Chandigarh Bench was justified.

Analysis: Under Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008, an application ordinarily lies before the Bench within whose jurisdiction the applicant is posted, was last posted or attached, or where the cause of action wholly or in part has arisen. The petitioner was posted at Leh, was not residing within Delhi, and no pleaded facts showed that the reporting or reviewing officers for the ACRs were within the jurisdiction of the Principal Bench. The place where the statutory complaint was decided did not by itself determine forum conveniens. Applying the principle of forum conveniens, the Principal Bench was not the appropriate forum.

Conclusion: The Principal Bench lacked jurisdiction on the pleaded facts, and the transfer of the matter to the Chandigarh Bench was /justified.

Final Conclusion: No ground was made out to interfere with the Tribunal's order, and the writ petition failed.

Ratio Decidendi: Territorial jurisdiction under Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008 depends on the applicant's posting, last posting or attachment, residence after cessation of service, or the place where the cause of action arises, and the location where the statutory complaint is decided does not by itself confer forum conveniens.

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