Reinstatement in army service on acquital by session court but appeal by state pending in high court
viveky rai
(Querist) 23 January 2015
This query is : Resolved
Dear Sir,
on acquittal by session court in a case under 302 rpc, involving death of his wife by gunshot injury,but appeal against judgement pending in HC ,IS it possible to get reinstated back in army service.Petitioner is a Major, underwent trial in judicial custody for 5 yrs got acquitted but govt terminated his services which was quashed by HC and govt asked to reconsider his reinstatement, even then govt made out a second order of termination effective from date of first order which was already quashed by honble HC EARLIER. It has been 12 yrs since and the officer still awaits his reinstatement. Will he have to seek releif from HC or can SC come to his rescue as his livlihood is getting badly effected.
regards
Viveky Rai
Guest
(Expert) 23 January 2015
Did he make any representation followed by reminders to his disciplinary authority for reinstatement in service by attaching order of his exoneration by session court along with the representation? If so what was the response?
viveky rai
(Querist) 23 January 2015
yes sir it was done immdly but after taking 9 months the govt issued his termination orders under sec 18 of army act where president can terminate services of an army officer without assigning any reasons, however the HC delhi held this order as tainted any quashed this order in the writ filed before it, and asked govt to reconsider the decision but the govt has still not reinstated giving the excuse that since the petitioner was an under trial for 5 yrs he has been in association with antinational elements and terrorist while in prison and he is a security threat to the nation and hence his reinstatement is not in interest of the nation.the govt sought this info on HC courts orders from prison auth and issued a second order dt april 2012 holding it EFFECTIVE from its earlier order dt 11 sep 2009 which was quashed by HC Delhi following the writ by petitioner in the yr 2010.
Sudhir Kumar, Advocate
(Expert) 24 January 2015
repeated
http://www.lawyersclubindia.com/experts/Reinstatement-in-army-service-on-acquital-by-session-court-but-appeal-by-state-pending-in-high-court-519721.asp#.VMNJ-iw8pG0
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
The Government authorities have clearly given their decision with reason, however, you still can knock the doors of supreme court based on the orders of the high court and if your lawyer suggests, you may even try to contemplate an action for contempt of court against the authorities. Pending appeal cannot be taken as a reason.
Dr J C Vashista
(Expert) 01 February 2015
1. No reply for repeated query.
2. What does your lawyer opine? Do you want to re-check his/her advise, or you do not have faith in your lawyer?
3. When you were aggrieved by the second administrative decision, did you approach the President of India, in appeal?
