The Armed Forces Tribunal (AFT) handles cases related to service matters and disciplinary actions of armed forces personnel. Sometimes, individuals may wish to withdraw a case from AFT due to personal reasons, out-of-court settlements, or changes in circumstances. Withdrawing a case is a formal legal process that must be followed carefully to avoid complications. A well-organized step-by-step procedure helps in ensuring that the withdrawal is lawful and smooth.
Table of Contents
Reasons for Withdrawing a Case from AFT
Mutual settlement between the petitioner and the opposite party
Change in legal strategy or opting for an alternative forum
Error in filing or filing in the wrong jurisdiction
Personal or health issues of the petitioner
Satisfaction from other means, such as departmental action or benefit
Disputes over medical board decisions or pension eligibility
Recruitment-related issues
Promotion issues, pension disputes, and termination cases
Pay and allowances
Promotion issues, pension disputes, and termination cases
Key Points Before Withdrawing the Case
Legal advice should be taken before filing for withdrawal
Pending appeals or related proceedings must be considered
The opposite party’s consent may be required in some cases
Court fees and documents may not be refundable
A formal application must be submitted with valid reasons
Documents Required for Withdrawal
Document
Purpose
Application for withdrawal
Requests that the Tribunal allow case withdrawal
Affidavit by the petitioner
Confirms voluntary decision to withdraw the case
Vakalatnama (if applicable)
Requests that the Tribunal to allow case withdrawal
Copy of petition
Helps in identifying the case details
Proof of identity
Confirms the identity of the person filing the withdrawal
Step-by-Step Process to Withdraw a Case from AFT
Step 1: Legal consultation
A legal expert or advocate should be contacted
Proper advice must be taken before proceeding
Step 2: Drafting of withdrawal application
A written application must be prepared
Clear mention of case details and reasons for withdrawal should be included
Step 3: Preparation of affidavit
The affidavit should be signed and notarized
Petitioner must confirm that the withdrawal is voluntary and informed
Step 4: Filing the documents
Application and affidavit must be submitted to the AFT registry
Court fee receipt (if required) should also be attached
Step 5: Listing before the bench
The Tribunal bench lists the case for hearing
The petitioner or their advocate must appear on the listed date
Step 6: Presentation before the Tribunal
The judge examines the application and affidavit
Clarification may be sought from the petitioner
Step 7: Acceptance and order
Tribunal allows the withdrawal if satisfied
Formal order for withdrawal is passed by the bench
Step 8: Collection of certified order
A copy of the withdrawal order can be collected from the registry
This document acts as proof of withdrawal
Sample Format for Withdrawal Application
Section
Content
To
The Registrar, Armed Forces Tribunal
Subject
Application for withdrawal of case
Case number
Mention the exact case number
Petitioner details
Full name, rank, service number, address
Reason for withdrawal
Application for withdrawal of the case
Declaration
Statement of voluntary and informed withdrawal
Signature
Petitioner’s signature with date
Precautions After Withdrawal
The same matter cannot be refiled easily unless legally permitted
Future claims may be affected if the case is withdrawn unconditionally
The record of withdrawal should be preserved carefully
Legal advice must be taken before signing any new agreement or settlement
Role of an Advocate in Case Withdrawal
Guidance on whether withdrawal is advisable
Preparation of legally valid documents
Representation before the Tribunal
Explanation of legal consequences to the petitioner
Filing all necessary paperwork accurately and on time
Wrapping Up
Withdrawing a case from AFT is a formal legal process that requires attention to detail and correct documentation. A clear understanding of the procedure ensures that the withdrawal is recognized by the court and does not lead to future legal hurdles. Proper legal support and accurate paperwork help in completing the process smoothly and efficiently.
Q&A Section
Question
Answer
Can a case be withdrawn at any stage?
Yes, but withdrawal before final judgment is more straightforward
Do I need the opposite party’s consent?
Not always, but it helps in smooth withdrawal
Can I file again after withdrawal?
Not always, but it helps in a smooth withdrawal
Will I get my court fee back?
Generally, no. Refund depends on specific circumstances
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