In the matter of dismissal from service
Consider the following situation and help Mr.A reach better possible outcome. Mr.A was serving in Xyz Army. An incident occurred somewhere in Dec 21 Mr.A was found to be prime suspect in officers board of inquiry. He was summoned to Court martial somewhere around Apr 23. In CM, he was arraigned with 4 different charges under various acts. Adv YPS was his Defence Lawyer in CM. On completion of the CM, he was found guilty in Charge 1,3 and 4 but not guilty in charge 2. He was awarded dismissal and Rigorious Imprisonment for 12 calender months by the CM. He was immediately shifted to one of the Civil prison in Apr 23 in MBA city where the incident/crime happened. Mr.A Advocate YPS approached AFT of MBA city for suspension of sentence and Bail during AuG 23. However AFT of MBA city rejected the application for bail and suspension of sentence. In the same appeal he also requested to quash and set aside the CM sentence. Following which Mr. A family applied for Bail at MBA city High court through Adv RSS MBA city high court granted Bail to Mr.A in Sep 23. Mr A then managed to get his case transferred from MBA city to his hometown JKL city through application in Principal AFT bench through Adv SPP at Capital of country. Principal bench of AfT allowed transfer of the appeal from MBA city bench to JKL city Bencg benduring Dec 23. In JKL city, Mr A appointed a new lawyer namely Senior Adv GHI. Mr.A observed that a vital prayer of re-instatement is missing in the application. So he requested his new Lawyer and his subordinate to lawfully insert this prayer in his application before AFT of JKL city. The AFT bench of JKL city gave its Final order on Oct 24. In the final order AFT JKL city stated that the prosecution failed to prove the charge 1,3 and 4 against the Mr A beyond reasonable doubt. (Charge 2 was already not proved in CM ) the AFT bench of JKL city ordered to set aside and quash the sentence and findings of CM. But did not completely exonerate Mr A from the case stating its not possible that he was not aware of what's happening on the night of the date of incident due to the nature of his official duty. Hence, the AFT observed negligence on the part of Mr. A ( this was not a part of charge during CM). But also found the service record of Mr. A completely clear prior to the date of incident. Hence, AFT said looking into his previous service Mr.A should be released from the service as discharge simplicitor effective date of his dismissal. On reviewing the order and his application, Mr.A observed that his Counsel senior Advocate GHI did not add relief sought/ prayer of re-instatement in his application. He tried to call, text and email this Adv for knowing the reason for the same. He also was trying to seek any legal remedy in the form of review application or appeal at the high court of jKL city or at the supreme court ( as per AFT Act 2007). But the Mr.A lawyer did not responded. He just said needful will be done and did never respond after that. Mr A's family visited this GHi (senior advocate) office with sweets and remaining fees of senior Adv GHi. They paid the money and asked for further resolution. ADV GHI told family members to ask Mr A to stay patient and wait for the reactions of the respondents after which only we will take any actions. On coming out of the Adv GHI office. His junior subordinate requested for Rs. 10,000 for providing a copy of the final order of AFT as it was of 70 pages. Mr A father just gave 2000 and somehow managed to get the copy. Mr A was unhappy with Senior A and his junior subordinate's this act. He was also unhappy that Adv GHi was not taking prompt action and not replying to his call or messages. One Fine day Mr A approached another lawyer of the same JKL city Mr NN. He was also a senior advocate. However This advocate stated to Mr A that he doesn't look after AfT related cases, so Mr P should Reach AdV GHi only as he is the only expert lawyer of this field in the city. A few days later Mr P again texted Adv GHI to inquire about his further fees . Adv GHi replied to Mr P in a very offended manner that You approached Mr NN without my knowledge, he is a good lawyer and if Mr P doesn't have trust in Adv gHI you can proceed to fight the case with AdV Nn. ( May be Adv NN must have informed Adv GHI about MR. P approaching Him which Mr P was unaware of). Now the Dilemma which Mr. P is facing whether to continue with the same lawyer Adv GHi or go with any other lawyer. The Dilemma MR P is facing what he should do in his case. He spent a lot of money on various advocates across these two cities and even for Bail. Still no sentence as to cost has been awarded by AFT to him. He also wanted compensation for wrongful imprisonment (However, subordinates of both the lawyers Adv GHi and Adv NN suggested to Mr P that it's very unlikely that court his going to award him any compensation based on this order of AfT). So I now on behalf of Mr P want to ask You what he must do (looking into his situation) A) about the choice of lawyer. B) future options in his case Can punishment based on negligence be imposed by AFT without charging Mr A or without giving an opportunity to Mr A for the account of negligence (which is not a charge upon Mr A) . Also, AFt is A Appellate tribunal not a trail court Why Senior Adv GHi not cooperating with Mr A despite Mr A has paid him his full fees
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