Section 22 of The Armed Forces Tribunal Act, 2007 in hindi
The Tribunal shall not admit an application--
- (a)in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 21 has been made unless the application is made within six months from the date on which such final order has been made;
- (b)in a case where a petition or a representation such as is mentioned in clause (b) of sub-section (2) of section 21 has been made and the period of six months has expired thereafter without such final order having been made;
- (c)in a case where the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which jurisdiction, powers and authority of the Tribunal became exercisable under this Act, in respect of the matter to which such order relates and no proceedings for the redressal of such grievance had been commenced before the said date before the High Court.
- (2)Notwithstanding anything contained in sub-section (1), the Tribunal may admit an application after the period of six months referred to in clause (a) or clause (b) of sub-section (1), as the case may be, or prior to the period of three years specified in clause (c), if the Tribunal is satisfied that the applicant had sufficient cause for not making the application within such period.
Summary
- An application must be filed within six months after a final internal order is made.
- If no internal order was made, the application must be filed within six months after the initial six-month waiting period ends.
- For grievances that happened up to three years before the Tribunal was set up, applications are allowed if no High Court case was already started.
- The Tribunal can accept late applications if it is satisfied the person had a "sufficient cause" for the delay.
Practical examples
FAQ
1. What is the standard deadline to apply after getting a final rejection?
You have six months from the date the final order was made.
2. What if the military never answered my petition?
You wait six months for their answer (as per Section 21). Once those six months end, you have another six months to apply to the Tribunal.
3. What is "sufficient cause" for being late?
It is a good reason, like a serious illness or being on active duty in a war zone, that prevented you from applying on time. The Tribunal decides if your reason is good enough.
Test yourself
Q1.Under Section 22 of The Armed Forces Tribunal Act, 2007, how much time does an applicant have to file after a final order is issued?
Q2.Based on Sections 21 and 22 of The Armed Forces Tribunal Act, 2007, if a person files a petition on January 1 and receives no reply, what is the latest they can usually apply to the Tribunal?
Q3.Under Section 22 of The Armed Forces Tribunal Act, 2007, what is the "sufficient cause" provision used for?
Q4.Under Section 22(c) of The Armed Forces Tribunal Act, 2007, what is the time limit for grievances that arose before the Tribunal's powers were exercisable?