What Can Be Done If the Authorities Do Not Follow an AFT Order?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
The Armed Forces Tribunal has the power to initiate contempt proceedings against authorities who fail to comply with its orders. If an AFT order directing disability pension, family pension, arrears, or any other relief is not implemented within the directed timeline, a contempt application can be filed to compel compliance.
The Problem of Non-Compliance
Getting a favourable order from the AFT is only half the battle. A common and frustrating problem faced by veterans and their families is that the authorities — the Records Office, PCDA, pension authorities — simply do not implement the order within the directed timeline. Sometimes this is due to bureaucratic delays, and sometimes it appears deliberate. Whatever the reason, the result is that the applicant, who has already spent months or years in litigation, still does not receive the relief that has been ordered.
What the Law Provides
The Armed Forces Tribunal Act empowers the Tribunal to punish for contempt of its orders, similar to a High Court. If an order directing the grant of pension, payment of arrears, correction of records, or any other relief is not complied with within the stipulated period, the applicant can file a contempt application. The Tribunal can summon the responsible officers, direct compliance within a fixed period, and in serious cases, impose penalties.
How Contempt Proceedings Work
A contempt application is filed before the same Bench that passed the original order. The application sets out: (1) the order that was passed, (2) the compliance timeline that was directed, (3) the fact that the order has not been complied with, and (4) the steps taken to bring the non-compliance to the notice of the authorities. The Tribunal then issues notice to the respondent authorities and directs them to show cause why contempt should not be initiated. In many cases, the mere filing of a contempt application prompts compliance.
Practical Advice
Before filing contempt, it is advisable to send a written reminder to the authorities highlighting the order and the compliance deadline. Keep a record of all communications. If the authorities still do not comply, a contempt application should be filed promptly. Do not wait indefinitely — the longer you wait, the harder it becomes to explain why contempt was not sought earlier. A lawyer who handled the original case is best placed to file the contempt application efficiently.
Adv. Ramniwas Bansal is a advocate with 15+ years experience practising before the Armed Forces Tribunal, Principal Bench, New Delhi and Delhi High Court. For a consultation on your case, call +91 9810430799 or request a consultation.