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Raw Star   24 April 2018

Where to file the case in lower, high court or CAT

My uncle was doing a job in a government firm. It was day of diwali, he went to bring the things for home and never came back, its been 20 years now. Aunt lodged an FIR after 2 years but she didnt intimated to concern authorities even didnt submit the FIR. In 2012, she filed an apllication for the service benifits but again she didnt brought any proof for filing the application then she filed another application last year. Aunt recieved reply from them that the person is removed from services with the effect dated, after 5 years of he went missing.

documents we have FIR, police tracing report which obtained last year, civil death declaration also obtained last year, application which filed last year and reply from the concern department.

my aunt is 50 years old and most of the poeple miss guided her so she require a correct guidence, kindly help her.

God Bless You.


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 3 Replies

Raw Star   24 April 2018

why this irrelevant answer? i was explaning that someone sufferd through and a moron like you posting the wasted stuff

Aryan Raj   13 December 2021

I hope your aunt is in good health and conscience now in this difficult situation. For your first query I would like to inform you that a late FIR can always be very harmful for any prosecution because in such a case the prosecution will be viewed suspiciously in the eyes of court, but if there is a satisfactory explanation then there is no issue with the delay in FIR. 

And with respect to removal from services due to absence for 5 years in the office, if anyone goes missing from the duty for 6 months the authorities have to make a public notice about the missing person and also notify the families about the same and they cannot remove the person from services without warning the families, if these steps are not followed by the authorities then you file a case against the concerned authorities. 

Because the person went missing in his hometown therefore the case must be filed at the concerned lower court which has the domain in that area.

Regards,

Aryan Raj 

 

Sudhir Kumar, Advocate (Advocate)     23 December 2021

has she ap[proached deptt for pension.  If yest what is outcome.


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