Case of reinstatement back in army dismissed in supreme court can a review be filed

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 3 weeks ago.

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  • #4604

    Viveky Rai
    Guest

    A case under 302 rpc and 30 arms act for false charge of murder of wife was filed against an officer a major of territorial army in 2003 by samba police,jammu case decided by first addition session court jammu and officer was acquitted giving be ni fit of doubt.However state has appealed in high court jammu and matter still under consideration.A writ in Delhi high court for reinstatement back in army was filed but High court rejected as army dismissed because of acquittal was based on benifit of doubt.When slp was filed in sc it got dismissed, if high court jammu gives an honorable acquittal during acquittal appeal filed will the supreme court entertain my plea back for reinstatement or not .

  • #4610

    Please understand that, as per the facts mentioned by you, you were acquitted by the trial court (on the basis of benefit of doubt) and appeal has been filed in the high court against this order of trial court by the State. So, this is not your appeal but an appeal by the State. Generally speaking, in an appeal against acquittal, the high court will either dismiss the appeal or may allow it by convicting you. If the high court dismisses the appeal, it would generally speaking uphold the order of the trial court, and would not go farther to further pass an order of “honourable acquittal”. Usually, such additional order is not passed by high court. It is very rare to see such type of order. After all, it is not your appeal.

    Further, review of the Supreme Court is generally allowed within limited period of 30 days.

    In any case, if at all what you have mentioned, happens, it may be a case on new / changed facts. So, it may necessitate a fresh case.

    However, as far as I understand, since your dismissal was not on the basis of conviction, but even after acquittal, it must have been passed after a disciplinary proceeding or some other independent proceeding (permissible under law relating to you) conducted by your department, wherein the charges might have been proved separately in such proceeding. It is possible that you might have taken the defence that the trial court has acquitted you, but the department might have held that the acquittal was on the basis of benefit of doubt. But, for dismissal even after an acquittal, as far as I understand, there will have to be a separate finding in the disciplinary proceeding or whatever other proceeding is permitted under the law applicable to you. So, ultimately, you’ll have to challenge such order in the disciplinary proceedings on its merits. Now, whether the high court order in the appeal against acquittal by trial court helps you to challenge the above order of dismissal in a fresh manner, is an issue that you’ll have to examine after the high court is passed. But, as I mentioned above, chances for the same are very little.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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