Went home for treatment of wife without approval harassed by authority


I was not given leave on emergency occasion related to my wife's health problem.I went to her for treatment without approval of leave.when I came back,I was put inside detention cell for 20 days,without a fair enquiry or without referring to the medical documents of my wife.can I look lodge complaint against the authority in high court?

Answers (3)


340 votes

Based on the facts you have given the legal remedy you have is ,firstly file a proper Statutory Complaint against the illegal detention as you cannot approach the court directly without exhausting your legal remedy i.e Statutory Complaint..Thereafter in case you don't get the relief in six months or you are denied relief you can approach the Armed Forces Tribunal for the same.The High Court has no jurisdiction to entertain you complaint.

MAJ SANGEETA TOMAR
ADVOCATE
ARMED FORCES TRIBUNAL


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94 votes

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.

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326 votes

Hi, It is inhuman on the part of authority for not granting leave at the time of urgency at home and later try to justify the illegal action of officers. The Jawans are to be looked after at the time of dire need at home. Such Jawans who are not looked after can resort to legal recourse if any action has been taken against them regards.

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