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

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.

Answer By Ayantika Mondal

Dear Client, Pursuing a case before the Armed Forces Tribunal (AFT) is brought under the Armed Forces Tribunal Act, 2007. The tribunal addresses conflicts regarding matters of service—like promotions, transfers, pensions—as well as court-martial judgment appeals. Any serving or retired personnel of the armed forces, or their legal successors, may approach the AFT. To file a case, the applicant needs to file an Original Application (OA) for service complaints or an Appeal for court-martial grievances. The petition may be filed with the AFT bench with jurisdiction where the applicant resides or is posted. The application should be submitted in the form prescribed by the AFT, along with an affidavit, supporting service documents, and a nominal court fee. The case should be instituted within six months from the day when the final order is questioned, though delays are tolerable if the tribunal finds them justified. Applicants can do it themselves or hire a lawyer, and retired staff or JAG officers may also assist. Upon admission, the AFT notifies the parties to the dispute, hears the case, and issues a reasoned judgment. The applicant can appeal to the Supreme Court if he is not satisfied, but only on questions of law of general importance to the public and with permission from the AFT or the Court. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.