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Forced by commanding officer for premature retirement what can i do
18-Jun-2023 (In Armed Forces Tribunal Law)
Sir, I was forced by the Commanding officer and second-in-command of the Regt for premature retirement due to my disciplined problems. They have not take any summary action against me but forced me to take a premature application. By forcely and by ordered they took a premature application from me and forward the same to higher authority for retirement. All official threatened me that if i will not gave the application they will court martialed me. Sir Only my offence was intoxicated in duty time in three to four times in units. I have only two red ink entries occurred during the yr 2003.
Hi Are you still in service or it is a matter of 2003/04 you have not specified. If you are still in service report immediately to superior officer with another application stating the facts of application of pre-mature discharge from service. If this is the matter of 2003/04, have you reported this issue to anyone, if not you need to prove that your signature on the application was taken by force?
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Adv. Wg Cdr Ajit Kakkar (Retd)
Delhi | 100+ Answers
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Hi,
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
Ganesh Singh
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
Ganesh Singh
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Firstly you move an application to take back your premature retirement papers giving some reason.Premature retirement can be taken back before the decision is taken by the authorities,hence do this asap,thereafter you can also move statutory complain for forcing you to take premature retirement(if required).
But do keep in mind that the Commanding officer still has power to court martial you for the offence and give you red ink entries and discharge/dismiss you from service ,but that will not be so easy for him after a Supreme court judgement which says that 4 red ink entire does not mean he has to be dismissed from service.
Further advice can be given depending on other facts like length of service etc. to protect your pension.
But do keep in mind that the Commanding officer still has power to court martial you for the offence and give you red ink entries and discharge/dismiss you from service ,but that will not be so easy for him after a Supreme court judgement which says that 4 red ink entire does not mean he has to be dismissed from service.
Further advice can be given depending on other facts like length of service etc. to protect your pension.
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