statutory complaint return from Comd HQ stated not as per format
21-Oct-2023 (In Armed Forces Tribunal Law)
Sir
I filed statutory complaint on 26 Apr 2016. Now the same has been returned by Comd HQ stated that as the same is not as per format. As per law it should be disposed off within six months. I have been posted out from my previous unit in May 16. Comments of IO and RO from where its filed are favourable of me. As per format part III should be signed by CO of the unit. Since I have been posted out from where I filed complaint. Its means I have reqd to file a fresh complaint. 07 months already over. If I move to AFT they will ask for remedy from department. There is no provision to move to civil court and honourable HC as per AFT act. So may I request you plz Advice me Can file my OA in AFT in this situation.
yes now you have right to approach the AFT and ask the relief through them.Where you have to file depend upon territorial jurisdiction and your place of posting as well as last place of posting.
More details can be discussed telephonically
More details can be discussed telephonically
Your complaint must be filed in the format prescribed in Army Order. In any case it was the responsibility of the unit to see that it is in correct format. If you move to AFT you will be asked to file fresh complaint as per format. So, file a Stat Complaint from the unit where you are posted. Get it sent to your previous unit for processing. Thereafter if after six months your complaint is not disposed off, you may move to AFT.
Hi, it is not uncommon on the part of the defence authority to play such nuisance and delay the case. You need to proceed afresh from new unit and don't forget the attach the previous proceedings with the fresh application.
Hi you can rightly approach the Hon'ble AFT because you have already approached the department and Department can not reject siting format of Complaint is not proper, however in my opinion the contents are fine and they are wrong in wasting valuable time. All the best
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