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ARMED FORCES TRIBUNAL      

(KOCHI BENCH)

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FILING PROCEDURE


Applications in Form I (Procedure Rules) fairly and legibly typed written or printed in English on durable white foolscap folio paper of metric A4 size (30.5 cms. Long and 21.5 cms wide) on one side only in double space with a left margin of 5 cms and right margin of 2.5 cms duly paginated, indexed and stitched together in the paper book form shall be presented by the applicant in person or by an agent or by a duly authorized legal practitioner to the Registrar or be sent by registered post or courier with acknowledgment due addressed to the Registrar.

The application shall be presented in triplicate in the following two compilations:-

  • Compilation No.1. - application along with an attested true copy of the impugned order;


  • Compilation No.2. - all other documents and annexures relied upon by the applicant and referred to in the application in a paper book form;

Where the number of respondents is more than one, as many extra copies of the application and all other documents and annexures as are the number of respondents.

Unused file size envelope bearing the full address of each respondent shall be furnished by the applicant;

All the documents filed shall be accompanied by an index in Form No.1 (Practice Rules).

The amount of application fee affixed or paid on any such documents shall also be indicated in the index.

A receipt slip in Form II ( Procedure Rules) for acknowledging the receipt of application is to be attached/presented.




Application fee

Rs.250/- (If more than one applicant Rs.500/-) in the form of Crossed demand draft/ Indian Postal Order drawn in favour of the Registrar, payable at H.P.O, Fort Kochi.

Process / Notice fee:- Rs.50/- for each respondent in excess of five respondents.




Documents to be annexed to the application


  • (i) An attested true copy of the order against which the application is filed;
  • (ii) Copies of the documents relied upon and referred to in the application;
  • (iii) an index of the documents The documents must be attested by a legal practitioner or by a Gazetted Officer and each document shall be marked serially as Annexures A-1, A-2, A-3 and so on. Where an application is filed by an agent, documents authorizing him to act as such shall also be appended to the application: Provided that where an application is filed by a legal practitioner, it shall be accompanied by a duly executed “Vakalatnama”.




CONTENTS OF APPLICATION


Application shall be fairly and legibly typed or printed in double spacing on one side of thick paper of good quality with an inner margin of about three cm width on top and on the left side. Paragraphs shall be divided into sub-paragraphs and numbered consecutively. Dates of Gregorian Calender shall also be given where Saka or other dates are used. At the foot of every application there shall appear the name and signature of the applicant or the agent or legal practitioner, if any, who has drawn and settled it. The particulars to be stated in address for service shall contain the following:-

  • (i) the name of the road, street, lane or municpal or other number of the house;
  • (ii) the name of the town or village;
  • (iii) the post office or postal district together with pin code; and
  • (iv) any other particulars including personal number, rank, appointment held, unit or office or pension payment order (PPO) number necessary to identify the addressee. Every interlineations, erasure or correction in any application shall be initialled by the applicant or his agent/legal practitioner presenting it. No separate petition is necessary for interim order if the same is prayed for in the original application. Separate application supported by an affidavit is necessay for condonation of delay.


APPLICABILITY OF THE ACT


The Armed Forces Tribunal Act shall apply to all persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 including their dependants, heirs and successors, in so far as it relates to their service matters and shall include:

  • (i) remuneration (including allowances), pension and other retirement benefits;
  • (ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;

  • (iii) summary disposal and trials where the punishment of dismissal is awarded;
  • (iv) any other matter except the following Exceptions:


    • (i) Orders issued u/s 18 of the Army Act; u/s 15(1) of the Navy Act and u/s 18 of the Air Force Act;
    • (ii) Transfers and postings including the change of place or unit on posting;
    • (iii) Leave of any kind;
    • (iv) Summary Court Martial except where the punishment is of dismissal or imprisonment for more than three months



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