Point for commencement of limitation for convening trial
BRIG SHYAM HANDA
(Querist) 29 April 2015
This query is : Resolved
A formal inquiry was concluded with directions for disciplinary actions after due cognizance of offence and identity by the competent authority. There was inaction for complete one year. However when challenged due to violation of enabling provision, the said inquiry proceedings were set aside by High Court. Authorities were given two options to conduct inquiry as per law or frame the charge sheetwithout using any part of the quashed inquiry. There was further impasse for two more years. Authorities reconvened inquiry in illegal manner. Inquiry was mandated to give fresh findings but in the absence of proceedings since witnesses did not participate, it was endorsed no fresh evidence no additional finding and no additional opinion.
Competent authority referring to quashed findings and directions shifts the date of acuiring knowledge from Jun 2006 to Mar 11 and reiterated quashed findings of the previous inquiry without judicial approval. Trial commences on 18 Apr 2012. As per AA Sec 122 after 3 years of conclusion of inquiry trial is barred. authorities unlawfully advanced the date of commencement to cover their own inaction for 3 years. Can they be legally permitted and under such circumstances what will be the commencement point to count stipulated 3 years.
Mohammed Mujeeb
(Expert) 01 May 2015
Dear Sir
Your apprehension is right The AA provides for trial to commence within three years from date of occurrence of offence and in the alternative three years from discovery of offence whichever is later. sometimes the J branch correlates the later with the formalisation of CoI which is wrong. The offence is within the knowledge when the first CoI is convened.
Therefore you can contest the issue.
Advised to approach appropriate Bench of AFT for relef or stay.
For further advise you may contact me on legal.aims@gmail.com
Jaihind
Wg Cdr (Retd)M Mujeeb
Advocate
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
You may follow the advise rendered by Wing Commander (Retd) Mr. Mujeed which is found to be suitable in your case.
