CM
Querist :
Anonymous
(Querist) 03 February 2010
This query is : Resolved
I had file a CM in the Delhi HC on the misconduct and changing of Legal proceedings by the Judge Advocate in the GCM. The respondent did not file a reply and on transfer of the case to AFT the reply hass not been filed till date. However the AFT is showing no inclination to ask the repondent to file a reply inspite of serious allegations of misconduct/improperiety/fudging of legal documents.
There are also four other petitions pending for reply by the respondents.
Can the AFT pass an order without the respondent even filing the reply?
What are the legal options and rule position on this.
Raj Kumar Makkad
(Expert) 03 February 2010
Armed forces Tribunal have recently been established and they have practically to start their work so nothing concrete can be said about mode of their work. My more than 75 cases have been transferred to Tribunal at Chandigarh and I am waiting for the reply in various cases from Union of India. Some more wait is desired in your matter also.
As per law, Tribunal can proceed the respondent as ex-parte also and as per procedure can decide the case only on the basis of the evidence/documents of the petitioner.
Querist :
Anonymous
(Querist) 04 February 2010
There is a stay on the GCM since last 11 months now.
The UoI is pressing for the vacation of stay.
What is legal position if the AFT passes an order not in favour and vacates the stay?
Can the Delhi HC be approached against such order?
