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Binay kumar jha   09 December 2017

Challenging dismissal order in civil court

Sir I was working in Indian air force since 2002 and I was dismissed from service in 2010 on disciplinary grounds. After that due to some issues I was not able to file the case against the decision. So I want to ask that can I file it after 7 yrs. If yes then plz guide me. I have only got dismissal letter and nothing else and due to this I m unable to get any job in pvt sector. Plz guide me Thanks


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 10 Replies

N.K.Assumi (Advocate)     09 December 2017

There is no easy answer to your query, as everything depends on the facts of your case. It is not the enormity of the delay that matters but the explanation of the delay is the main critera, and accordingly even 11 years was condoned by the Supreme Court in service matter due to sufficient cause. In your case 7 years can be condoned provided there is sufficient cause for the delay. Engage a lawyer.All the best.

Sycorax Juris   09 December 2017

Thanks, N.K.Assumi, can you please post me that 11 years condonation judgment? 

G.L.N. Prasad (Retired employee.)     09 December 2017

Contact advocate, as I understand if the dismissal is against principles of natural justice, and dismissal is void you may find a loophole, though such possibility is remote and taking a chance.

Binay kumar jha   09 December 2017

Also I have not received any documents that shows that I was working in IAF, can I ask for the experience letter or other documents to submit for my other pvt jobs. If yes then tell me about the concerned authority to contact

G.L.N. Prasad (Retired employee.)     09 December 2017

Just make a formal request in writing  to the concerned authority for such certificates.  I do not know in what way it helps you when they write dismissed in the certificate instead of discharged.

Binay kumar jha   09 December 2017

Instead of discharge certificate can I ask for experience certificate mentioning that I was an employee of IAF IN THE GIVEN PERIOD

G.L.N. Prasad (Retired employee.)     09 December 2017

You can only request for such certificate, you can not order/command as to how that certificate should be given.  You may request them to give a certificate in format prepared by you.   IAF may be having their own format.  Members can not foretell the future course of action by IAF as they are meant for surgical and unexpected jolts to opponents without giving a warning.  

Binay kumar jha   09 December 2017

But only giving dismissal order is enough for IAF, I wanna know that why they don't give me any document that prove that I was employee of IAF, I served more than 7 yrs and I don't have any document that shows that I am ex air force personnel and it cost me very much as I am not able to show my 7 yrs period

N.K.Assumi (Advocate)     09 December 2017

Law helps those who help themsel.Don't waste time and immediately engage a lawyer for your case.

Binay kumar jha   09 December 2017

Thank you, can you suggest any good lawyer for my case with contact details.

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