Appeal against termination order
RAJESH CHOPRA
(Querist) 19 August 2018
This query is : Resolved
Dear Sir's
I am a senior Pvt Bank official and my services were terminated on 26th June 2018 under certain clauses of employment agreement. . Since the management had not provided me the copy of the agreement hence the clauses were not clear. I had asked for agreement copy which was provided to me on 19th July.
As per the provisions appeal can be made to appellate authority / MD within 30 days of termination. Since the complete documents were provided to me only on 19th July I finalised my appeal and sent the same by e mail on 16th August and also by speed post on 16th Aug 2018.
The 30 day period was to end on 17th Aug 2018 . Kindly advise if my appeal is made within time frame although the speed post has not been yet delivered.
Thanks
Guest
(Expert) 19 August 2018
Time limit for appeal starts from the next day from the date of order of termination, not from the date of supply of employment agreement. In your appeal, you could have requested for special consideration by condonation of delay due to late supply of copy of agreement to help you understand the provisions of the agreement. However, in case your appeal is rejected merely on account of delay, that may tend to denial of justice. But, still you would have the opportunity to submit your review petition to the Reviewing Authority in the hierarchy of Disciplinary, Appellate and reviewing Authorities of your organization.
If reviewing Authority also rejects your Review Petition in that case, you will have to approach the High Court, the case being related to Private Bank.
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RAJESH CHOPRA
(Querist) 19 August 2018
Sir , Just to clarify that I had mentioned in my appeal that the complete set of documents were supplied to me on 19th July.
If this is mentioned then in that case what is the status ?
Thanks
RAJESH CHOPRA
(Querist) 19 August 2018
Sir , Just to clarify that I had mentioned in my appeal that the complete set of documents were supplied to me on 19th July. If this is mentioned then in that case what is the status ?
Thanks
Guest
(Expert) 19 August 2018
Depends upon the discretion of the Appellate Authority. His mind can't be read by telepathy. If he acts strictly according to the Rules, chances of rejection of your appeal may be there, If he takes a sympathetic view of your submissions, his decision can be expected on merits of the case, provided you have represented effectively and convincingly, So, better wait for his decision and decide to act, as already advised.
P. Venu
(Expert) 20 August 2018
Law of Limitation applies only in respect of Judicial proceedings. In the instant, the specified period is only a time limit; your appeal cannot be rejected on the ground of Limitation.
Guest
(Expert) 20 August 2018
Attitudes of authorities cannot be predicted. Only guess can be made as based on the precedents set through the psst events, whether soft or hard attitude of a particular authority. That you may like to check from your fellow people or the members of the staff association, if there be any in the knowledge about the working style of the appellate authority. While some authorities strictly follow rules, some other use their discretion, but with with reason to be recorded in writing.
RAJESH CHOPRA
(Querist) 20 August 2018
But Sir , since complete documents detailing clauses under which my services were terminated was provided only on 19th July. As an affected person I should get the benefit of the delayed information provided . I could not have made any convincing appeal without getting the set of documents under which my services were terminated.
Guest
(Expert) 21 August 2018
Dear Rajesh,
No harm in keeping hopes alive, but future is always uncertain. The probability of sustenance of hope is always 50:50. That can be or cannot also be fulfilled. Well and good, if the concerned authority gives you justice at his own, if rational, but in case negative happens, relaxing by depending merely on your hopes may prove to be harmful. Normally justice is not given automatically, but has to be secured by proving oneself right.
So, you will have to keep yourself alert and prepared for struggle till you get justice up to your satisfaction, as struggle in right direction is the most essential part of justice. Law comes in to picture, when damage has already been done. But still, whatever false hope a lawyer gives to his client, law mercilessly follows the rule of the book, unless rules are proved otherwise wrong or unconstitutional..
Dr J C Vashista
(Expert) 21 August 2018
You have adequately been advised by experts especially by Mr. PS Dhingra, I fully agree and endorse his opinion and guidance. If you were supplied documents qua termination on the very same day of passing order, limitation shall start from same day and not from the date of supply of terms and conditions of service (agreement).
Wait for decision of appellate authority, meanwhile be mentally and financially prepared for moving to reviewing authority through a local prudent lawyer practicing service matters.
Guest
(Expert) 21 August 2018
Dear Dr. J.C. Vashista,
Thanks for agreeing with my opinion.
