Allowed Writ Petition Certioriri-When Review allowed
A.Mohamed Thaheer
(Querist) 16 April 2009
This query is : Resolved
In a Writ Petition filed by the Administration for quashing the directions of the Central Administrative Tribunal, Chennai, the Bench allowed the Writ Petition without giving a reasonable opportunity to the Respondent for submitting a detailed counter for argument.
In the conclusion of the Order, the Bench directed the Administration to complete the criminal case for a decision within a period of six months from the date of receipt of this order, so that the fate of the respondent should not hang on balance indefinetly, for getting his retiral benefits.
But, the Administration has not filed even the counter in the High Court, where the criminal case has been stayed in the High Court,in favour of the Respondent.
Whether not compliance of the direction of the High is taken for granted for the comtempt of court?
Whether, a Review Petition can be made over this judgment for the failure of the Administration, and this fact could be brought to the Bench for remedial action?
A.Mohamed Thaheer
(Querist) 20 April 2009
Dear Mr. Prabhakar,
First of all, I would like to clarify your doubts in the first paragraph.
1.The CAT order was dismissed by the writ of certioriri, but with some direction from the court that the criminal case could be finalised within six months period from the date of receipt of this order, observing that the fate of the retired official should not hang in balance indefinitely without getting the retiral benefits.
If that be the case, how could you presume that the writ decision is in favour of the respondent. In this case, the main issue is the CAT ORDER which was issued in favour of me (Respondent) has been QUASHED.
The above explanation is a separate issue.
Second paragraph of your reply is a separate issue, which I am explaining to you below:
There is a criminal case of alleged misappropriation against me for which the Special Judge has taken cognizance of the offence without careful reading of the final police report and without application of mind. The section is 13 (1) (c) of the Prevention of Corruption Act, 1988.
So, I have filed writ under section 482 of Cr.P.C., for quashing the same with an application for stating further proceedings in the lower court until the finality of the case in the High Court.
The High Court is also found that there is no primafacie case against me and hence stayed further proceedings, with directions to the State (Vigilance Department) for filing the counter to proceed in the case.
Now only, the directions of the high Court in the first para above comes a role to play. Since, the Petitioner in the first para is the employer (Government) ought to have filed the counter in the criminal case within six months period from the date of the receipt of the order of the High Court in the first case, but now, already six months over, BUT THE GOVERNMENT HAD FILED TO FILE A COUNTER TILL DATE. THIS IS THE POSITION.
Now, one more qusstion also needs to be answered.
How long the period the High Court could wait for getting a counter in a criminal case? If the Government is puposely not interested in filing the counter, because they may fail to convince the Judge, what will be remedy for getting speedy justice, because, I am a senior citizen of more than 6r years old deprived of all my retiral benefits for the past 6 years, for which I am legally entitled.
If you want any further clarification, I am always willing to explain.
Thank you
