Misbehavior or incapacity to perform the functions of office:members of armed force tribunal

Maj (ex) Anand Kumar (Querist) 09 October 2011 This query is : Resolved
The Armed Forces Tribunal (Procedure for investigation of Misbehavior or incapacity of members) Rules 4 states about written complaint to Central Govt alleging any definite charge of misbehavior or incapacity to perform the functions of the office by members.

Recently in one of the judgement passed the members have acted in a very casual manner and dismissed the petition wherein the members have written that the petitioner was awarded "FINE" whereas the punishment awarded was "Dismissal" and they have also written and signed the order in a manner which proves that they have not even read the order while signing it.

Appeal has been made in High Court against the judgement.

But can a complaint be made to the Central Govt against the way the judgement has been signed which also proves the incapacity of the members who should write correct facts/punishment?

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Raj Kumar Makkad (Expert) 09 October 2011
Major Sahab! his can be done at this stage also but it shall be more effective if high court passes an order on these lapses. Your appeal must have been based upon these mistakes/lapses and high court shall definitely mention all these factors in its judgment. You make complaint in detail along-with certified copy of high court decision. It shall be taken very seriously.