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How to quash dismissal order


19-Jan-2023 (In Armed Forces Tribunal Law)
Respected Sir/Mam Greetings ! I am a student of class XII from Meerut, UP. The following case is of my father, who was in BSF.and was dismissed from BSF in year 1997. The commandant issued notice: 1. Saying his performance is poor. 2. He got three punishments during his job of approx. 7 years. (i) Overstay of leave - 14 days RI - Due to appendix operation (ii) Disobeying a lawful command of officer - 7 days RI (iii) Overstay of leave. - 7 days RI - Due to jaundice He presented his medical documents in case (i) & (iii). He also own them today. While commandant rejected medical certificates & dismissed him using his power of Rule 26 of BSF Acts & Rules. My father doing struggle from last 19-20 years. Now he want to file a petition in court & want to quash his dismissal order with all back wages & consequential benefits. Please help.
Answers (2)

Answer #1
712 votes
As the dismissal was way back in 1997, it is highly unlikely that any relief will be provided to your father as he has not taken any timely action against his dismissal. So even before the merits of the case are seen, chances are that the case will be dismissed for delay at the first date itself.
Answer #2
590 votes
Hi, all your grievances will be solved and you are supposed to write to the higher authorities first and then file the suitable case in the court. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

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