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Wrong reason mentioned in court of enquiry


25-Jul-2023 (In Armed Forces Tribunal Law)
Dear sir, me pichale 11 saal se Army me service kar raha hu, or mera jun 2008 me OUT PASS ke doran road accident hua tha, jishke baad meri injury report me bhi out pass likha hai or court of inquiry me bhi out pass mention kiya hai, or ush out pass ki photo copy bhi mere pass hai, lekin in sab ke baad meri court of inquiry me INLD NOT ATTRIBUTEBLE TO MILITARY DUTY likha hai, jishke karan mujhe pension ke waqt kafi nuksan hoga, to please mujhe bataya jay ki mujhe kya karna chahiye, please
Answers (3)

Answer #1
602 votes
Don't worry, casual leave, authorized route of journey, out pass etc is treated as part of duty as per the entitled rules 1983 and 2008. As per Govt of India notification of 1962, and provisions of Army Act 1950, a person subject to discipline code is treated on duty. If as per the recommendation of Court of Inquiry and Injury report your disability/ injury is treated as not attributable to military service , than also you are entitled for disability pension as per latest Supreme Court order passed UOI v. Sukhwinder Singh and entitlement rules. In your case you write an application to your Commanding Officer giving full justification and request him to treat your injury as attributable to service.
Answer #2
909 votes
Shriman ji
Aap ki samasya kafi purani ho chuki hai. Aap me pass Court of Inquiry ki report ki copy hair kya. Court of Inquiry he kya nirnay liya. Kya us me aap kingalti paayi gayi ya aap me virudh koi disciplinary action arthat karyavahi hui. Yadi nahi to aapkinsamasya sahi hai air iska samadhan ho Santa hai. Aap apne CO Saab ko personal application likh kar is galti ko sahi karne ka anurodh karein.
Yadi CO Saab koi uchit nirnay na le payein to Army Act ke antargat ROG ya statutory complains dakhil karein
Yadi usme bhi aapko koi uchit nyay na mile to aap AFT me nyay ki appeal kar sakte gain
Chahein to aap mujhse air jankari hetu sampark kar sakte hai
Answer #3
617 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.
Thanks and regards

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