Summary court Martial.

Querist : Anonymous (Querist) 26 July 2011 This query is : Resolved
I am a practising Advocate at Shillong.Recently an army person approached me to file a writ in the Guwahati High courts Shillong Bench,as he was dismissed from his service in 1998 after a Summary Court Martial which found him guilty of all the charges and dismissed him from service after serving 14 years without any service benefits such as Pension. After the SCM he had filed a writ in Delhi High Court Whereby the Hon'ble court was pleased to dismiss for lack of jurisdiction with a direction to approach the Guwahati High Court. Now I want to file an appeal before Armed Forces Tribunal at Guwahati but I do not have any idea about the proceeding of the Tribunal.Please suggest me how to go for it.

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M/s. Y-not legal services (Expert) 26 July 2011
Its mean, his earlier writ petition got dismissed with liberty to file a fresh petition before concern high court. So here i think no need to file appeal. You just once again file before gowhati high court sir.

Advocate Rajkumarlaxman (Expert) 26 July 2011
When you clearly state that the Supreme Court has directed dismissing the writ to approach Highcourt then you better file an writ or as directed by the Hon'ble Supreme Court in the Guwahati Highcourt. i am not knowing the facts of the case but still i think that you are not denied of your right to file appeal before the concerned authority also. that can be done. Please send me details i will draft the appeal and send it to you if reqwuired.

R.Ramachandran (Expert) 26 July 2011
I am afraid, the matter is hopelessly time barred.
I think you want to file an Appeal before the Defence Tribunal to cover up for the time lag and you would like to appeal against the Tribunal Order.
Nothing wrong. Try an appeal before the Tribunal and thereafter you can approach the Guwahati High Court.
It is a normal proceeding as in the case of any other Tribunal. You only quote the provision under which the Appeal is being made at the beginning of the Appeal and thereafter present your case - brief facts - the summary court martial outcome - the grounds on which you assail the order then the prayer. That is all to it.
Go ahead, best of luck.