CHANDIGARH: The Chandigarh bench of the Armed Forces Tribunal (AFT) has lambasted the Union government for filing frivolous leave to appeal applications in almost every case.
The bench headed by justice Surinder Singh Thakur said: “The Union of India cannot behave like an irresponsible litigant resorting to filing applications indiscriminately for leave to appeal in almost all cases without application of mind. The bureaucratic psyche needs to be changed.”
The bench was hearing to a leave to appeal filed by the central government in a case where the AFT has granted a retired soldier, Yashwant Singh Bharmouria, disability pension with benefit of rounding off of disability percentage.
Appeals against the AFT orders cannot be filed before the Supreme Court as a matter of right. The permission from the AFT is mandatory before challenging the order before apex court by filing a leave to appeal application. The AFT grants permission only if a point of law of general public importance is involved in the order.
Passing strictures, the bench said: “We feel the Union government or its instrumentalities should not resort to haphazard filing of leave to appeal/special leave petition as it involves wastage of public time and money and also, at times, causes such an injury to the individual that cannot be compensated in terms of money. At the same time, the dockets of the court are rising at the cost of poor litigants’ money, which becomes unbearable to them to approach the highest court even to defend frivolous appeals against them.”
“The Union government is a welfare state which enjoys the trust of citizens. Their rights are required to be protected. Once the matter is settled by the Supreme Court, it has to be implemented to uphold the rule of law, without resorting to raising frivolous pleas, which causes insecurity and distress to the system.”
Dismissing the “frivolous” application, the bench added: “To see the faith of the common man is not shattered, it would be advisable in the interest of justice that appeals against the orders/judgment in which the point in issue which has attained finality be compiled with without any ifs and buts in a time-bound manner, failing which we shall be constrained to impose exemplary costs and award litigation expenses to be recoverable from the officers/ officials who would raise frivolous objections for not implementing the tribunal’s order.”
(SOURCE- SANJHA MORCHA BLOG)
The concerned officers involved in such frivolous appeals must be penalised forthwith to set an example. Things have gone too far with the bureaucrat's whims and fancies.
ReplyDeleteSee, how the UOI or MOD is behaving with their own soldiers.Now the poor veterans. Where they shall go for justice. Can every body reach up to SC to get justice.So leadership should. Wake up
ReplyDeleteRespected MANOHAR sahib ,I totally agree with u and optimistic that it will certainly improve but who will bell the cat.courts are are quite silent ,once the ruling is delivered.only SC can mitigate the plight of commons and monitor noncompliance in time bond .all ifs and buts shall be made for heavy penalties.
ReplyDeleteAN INDEPENDENT CELL BE MADE FUNCTIONAL TO MONITOR THE NONCOMPLIANCE,WITHIN THE SC.
True, we veterans must have an 'OMBURDSMAN.' Unless this protection is created, we will never get justice.
DeleteThe concern official/beuracrat should given stricture by honourable SC if there is any rule in rules of law.Then the harassment to poor soldier will be lessened.
ReplyDeleteDefence Ministry sets up committee to suggest measures to reduce litigations of personnel
ReplyDeleteThe five member committee would include Punjab and Haryana High Court lawyer Maj Navdeep Singh and Maj DP Singh, a disabled veteran who lost a limb in the Kargil conflict in 1999.
340 168 Google +0
Written by Man Aman Singh Chhina | Chandigarh | Updated: July 17, 2015 10:05 pm
defence ministry, defence litigations, defence redressal committee, manohar parrikar, defence news, ministry of defence, india news, latest news, top news, Defence Minister Manohar Parrikar. (Source: PTI)
In a major decision aimed at reducing the litigations and disputes in various courts across the country as well as in the apex court pertaining to defence personnel, the Defence Minister, Manohar Parrikar, has directed that a committee of eminent retired Army officers and legal experts be constituted to suggest remedial measures.
Sources in the Ministry of Defence informed that the committee would also be recommending broad institutional changes relating to to mechanisms for redressal of grievances and would holistically examine resolution of issues which have led to massive litigations pending.
A senior officer informed that the committee has been commissioned taking into account the renewed perspective in the government that focus should be on core functioning of ministries and disputes should be resolved at the in-house so that aggrieved employees are not forced to approach courts.
The five member committee had include Punjab and Haryana High Court lawyer Maj Navdeep Singh and Maj DP Singh, a disabled veteran who lost a limb in the Kargil conflict in 1999. Apart from the two, former Adjutant General of the Army, Lt Gen Mukesh Sabharwal (retd) and former Military Secretary Lt Gen Richard Khare (retd) and a former Judge Advocate General (JAG) of the Army are expected to be members of the committee.
When contacted, Maj Navdeep Singh had confirmed the development and stated that the committee have live up to the expectations of the Government and the military community and attempt to practically alleviate problems of soldiers and veterans.
Maj Navdeep Singh is considered an authority on legal matters related to defence services and has been a highly decorated reservist-volunteer with the Territorial Army. A supporter of soldiers’ disability rights, he is associated with many landmark rulings concerning soldiers and veterans. He is a member of the International Society for Military Law at Brussels and has been an invitee of the Yale University for discussions on military law.
Maj DP Singh is a Kargil war survivor who at one point of time in July 1999 had been declared dead by the doctors. He is an inspirational figure and the first Indian amputee marathon runner. He is a Triple Limca Record Holder and runs an NGO called “The Challenging Ones” for shaping the attitude of amputees using sports as a medium.
Military veteran organisations have long called for reduction of litigation, especially appeals initiated by the Ministry of Defence against disabled soldiers in the last few years. A large number of cases in which the defence services go in for appeal against lower court orders relate to minor pensionary benefits and the litigants are mostly soldiers with modest means forced to hire lawyers at great expense. G.S UPADHYAY G.M WORKS TML ALLAHABAD 9670210000
If any bureaucrat Just like Say (Babu) of Minister ' If had found been filling litigation against judgment of Applicants' Which good order has issued been by any 'H/C/ AFT' without any Merits of the case ' for the purpose of wastage necessary time of public or harassment to the Applicants. Hence' after Ensure' grade fall of the case' If found without merits' Should penalty and realizations of Money/ refinement to that Babus ' Which did filled the case to wastage of public time and wastage money & harassment to that Great our veterans. In such types of cases Should make a historical history' Just like High Court Allahabad had ordered in case of INDIRA GANDHI (PM). in decade of 1970. GS UPAHDHYAY GM-SERVICE TML ALLAHABAD.
ReplyDelete