Civil-military-limitation of time
Guest
(Querist) 21 March 2012
This query is : Resolved
A complaint( fraudulent use of free military warrants) a serving military personnel by another military personnel lodged in 1999.The case was investigated, the complaint was found false and the case against the accused was ordered closed in 2000.By Jul 2002 the exonerated accused was allowed to retire on super superannuation.
The complaint was found blameworthy for false accusation under Army Act 56(a)and was awarded ' displeasure(Recordable) of the General Officer Commanding in Chief in Apr 2003.Appeal to the govt of India under the provision of Army Act 27 against the punishment was negated by the govt of India in Aug 2005.
Another petition under Army Act 27 was filed to the govt of India in Sep 2008.It went through proper channel and disposed of finally by the Chief of Amy Staff(in Feb 2010, the petitioner had retired on superannuation on 31 Jan 2009) stating:-
a) That complaint lodged in Nov 1999 due to fresh input is found authenticated. The officer(the accused)had misused.
b) That punishment awarded to the petitioner is revoked. Order to the effect to erase the record is hereby issued.
c ) That the accused had retired on 31 Jul 2002 hence the case is time barred and no case can be reopened against him.
I have a few specific queries on the issue:-
a) Limitation of time- As the Army did not take any cognizance against the accused on the fraudulent use of railway warrant till it hold him guilty in Feb 2010 (by the chief of Staff) will the provision of Army Act 122 on limitation on time be applied?
b)It is Army which had erred now who is to foot the bill including the cost of all the fraudulently used railway warrant?
c ) Can the complainant file a civil case against the errand military officer (now retired) in any of the court of law in this country? If yes in what form and under what provision.
ajay sethi
(Expert) 21 March 2012
you have fought a long legal battle . you have been exonerated .your name has been cleared after 12 years .
forget the case and move on in life .
Guest
(Querist) 21 March 2012
That's the type of things I generally expect from the Sri Sri 420 who recently said students studying in govt schools are the input for Naxalite movements.
Anyway thank you for the advice , I am never discouraged.
Guest
(Querist) 13 April 2012
I am waiting!!
V R SHROFF
(Expert) 13 April 2012
U SAYS ""I generally expect from the Sri Sri 420 who recently said students s""
WHAT IS IT ??
Guest
(Querist) 17 April 2012
Sri Sri 420 who recently said "students studying in govt schools are the input for Naxalite movements".
This was in the news recently.I have only quoted the 'statement given by some sri sri sri sri.' I have forgotten his original name.
Now tell me what's the query here.
Guest
(Querist) 28 April 2012
I am attaching the draft appeal which I intend to submit to Armed Forces Tribunal Chennai as a petitioner-in-person.
Would be gladdd if some helps are extended by the experts.
Guest
(Querist) 01 May 2012
Thanks all experts.
I am now filing the appeal in person. Can't afford Ram Jethmalalies, Aruns,Abhiseks and do not wish to settle for less. Wish me good luck.
