Legal Question in Military Law in India

Sir, I am a retired Army person, presently settled at Pune. on a reference and directions from Armed Forces Tribunal, Mumbai bench, I am approaching you for legal advice/directions on the issues as stated in succeeding paragraphs.

FILING OF CASE AT THE ARMED FORCES TRIBUNAL AGAINST REJECTED WRIT PETITION

FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA

BY BENCH OF HIGH COURT

1. The issue is related with my service career while I was on active Army service. I was superseded in promotion to the rank of Subedar Major, I filed a writ petition in the Bombay High Court bench Aurangabad against my supersession. Power of Attorney to handle the case was given to an advocate to monitor the case, however the said case was rejected by the High Court due to Professional Misconduct on the part of Advocate, as he did not attended the court on the hearing dates. Not only this, the advocate also kept me under dark for about 8 years by giving fake assurances. I came to know about results/disposal of my case after 8 years when I personally approached the Court through a petition under RTI Act 2005. A complaint to this effect, under section 35 of the Advocate Act 1961, against the Advocate, is pending with the Bar council of Maharashtra and Goa Mumbai for their discretion.

2. In view of the above, please advice me if I am eligible to file the said case afresh with the high court or else with the Bench Armed Forces Tribunal.

Looking for the judicious response,

Yours sincerely

Om Prakash Soni


Asked on 6/22/11, 4:12 am

1 Answer from Attorneys
Ashutosh Anand Legal Watch

the best corse of action is to file a restoration application with delay condonation application narrating the said grounds if case not dismissed on merits.

if dismissed on merits, file appeal

the matter upon restoration will be transferred to AFT.

Or you will get a liberty to move AFT in the said restoration application itself.

Read more
Answered on 8/02/11, 9:49 am


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