What is the procedure for filing a case before the AFT?

Law4u App Download
Answer By law4u team

The procedure for filing a case before the Armed Forces Tribunal (AFT) in India is as follows: Jurisdiction: Determine whether the AFT has jurisdiction over your case. The AFT has jurisdiction over matters related to the Armed Forces of India, including disputes and grievances related to service, employment, promotions, postings, pay and allowances, pensions, disciplinary action, and discharge or dismissal from service. Representation: Decide whether you need to be represented by a lawyer. While it is not mandatory to be represented by a lawyer before the AFT, it is advisable to do so, especially if the case involves complex legal issues. Drafting and Filing the Petition: Draft the petition in accordance with the AFT Rules, 2008. The petition should contain the necessary facts, grounds, and relief sought. It should also be accompanied by all the relevant documents and affidavits. Payment of Fees: Pay the prescribed fees for filing the petition. The fees vary depending on the nature of the case and the relief sought. Verification: Verify the petition and the accompanying affidavits before a notary public or a first-class magistrate. Service of Notice: Serve a copy of the petition and the accompanying documents to the concerned respondents (i.e., the government department or authority against whom the complaint has been made). Appearance and Reply: Await the appearance of the respondents before the AFT and their filing of a reply. After the filing of the reply, the AFT may schedule a hearing to consider the matter. Final Decision: After hearing both sides, the AFT will pass its final decision. The decision of the AFT is binding on the parties and can only be challenged in the Supreme Court of India. The above steps are the basic procedure for filing a case before the AFT. It is advisable to seek legal advice and guidance for the specific details of your case.

Armed Forces Tribunal Related Questions

Discover clear and detailed answers to common questions about Armed Forces Tribunal. Learn about procedures and more in straightforward language.