Query pertaining to the reply to show cause notice received
29-Oct-2023 (In Armed Forces Tribunal Law)
I AM ASKING THIS QUESTION ON BEHALF OF MY FRIEND WHO IS WORKING AS IN INDAIN ARMED FORCE AS A JAWAN .HE HAS SIGNED(LOAN CARDS) SOME INVENTORY (LIKE BED,CUPBOARD,TABLES) OF HIS ROOM AND NEARBY ROOM FROM AN OTHER JAWAN WHO WAS GOING ON POSTING WITHOUT PHYSICALLY SEE IT.ALL MOST ALL ITEMS WHERE NOT THERE WHEN HE STARTED CHECKING IN OTHER ROOMS AS THE POSTED OUT PERSON CHEATED THIS GUY.HE REPORTED THE MATTER TO THE AUTHORITY BUT THEY DID NOT LISTENED TO HIM AND ISSUED HIM WITH A SHOW CAUSE NOTICE.THESE FURNITURES ARE HANDLED BY ADMINISTRATIVE STAFF(SHIFTING OF ITEMS ON INSPECTION DAYS WITH OUT INFORMING THE SIGNED PERSONNEL) OF STATION AND IT IS ALSO HEARD THAT ITEMS ARE KEPT IN THE RESIDENCE OF BY SOME OFFICIALS.PLEASE HELP
You Need to challenge the show cause notice before the armed forces tribunal otherwise there will be marked an adverse entry or some other punshish ments may also be awarded . the foremost thing to do is to submit a strong reply which is supported by law to the authorities
Violation of good order and military discipline is offence under AA sec 63. If the other jawan is guilty then he will be punished under this and other sections. However you have to produce some evidence. The excuse that one signs an inventory without seeing physically is totally not acceptable under law and your friend is at fault and now has to take responsibility for the inventory. As far as the show cause notice is concerned, your friend can note details of all items of the inventory that are located at various places as per his knowledge as you brought out and give it in his reply. Surely he would have had the basic knowledge of noting identifying marks of the items on the inventory. Then he can ask from the authority who gave him show cause notice that how did these items land up in other places.
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