Can applicant represent own-self in hearing in tribunal ?
JAYANTA KUMAR DAS
(Querist) 05 May 2019
This query is : Resolved
Respected Sir/Madam,
Can an applicant appear himself before a Tribunal replacing a hostile advocate ?
(Suit is going on).
If yes, what is the procedure ?
Thanking you,
Truly yours,
J.K.Das.
Dr J C Vashista
(Expert) 06 May 2019
Yes, you can proceed as "party-in-person"; and need not (necessarily) to be represented by an (so called) "hostile" advocate.
However, it would be advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
J K Agrawal
(Expert) 06 May 2019
dear sir, Thanks for valuable advise. Please clarify about "Hostile" advocate and "Prudent Lawyer" to learn more. regards.
JAYANTA KUMAR DAS
(Querist) 06 May 2019
Respected Sir/Madam,
Reason for my bitter query -
On 21/01/2019, my suit on regularization of my contractual service (since 11/11/2003 in state govt. owned diploma engineering colleges) as a Lecturer in Electrical Engineering (from REC, Calicut, now NIT, Calicut) was termed as "specially fixed matter" and was scheduled to be heard 01st in the day's session to dispose at the Hon'ble West Bengal Administrative Tribunal (WBAT). I did meet my advocate just 7 days before in his chamber. But, from 20/01/2019, his phones were not available to me at all. I am from a very rural area also. On 21/01/2019, I was present well before the session started. From WBAT, also, I could not contact my advocate anyway and nobody could say anything about him. At the beginning and at last, the honourable judges felt bad. After few days, I could meet my advocate in his chamber and he returned my file without 'no objection" vakalatnama though I asked for. Money was not a criteria at all. I don't know what happened actually and he did not tell also. 20/05/2019 is the next date of hearing as regular proceeding. In this situation, can I plead myself as a civilian for me in hearing before the honorable bench to dispose my case ? I am competent to speak in English. Please do advice me the procedure to appear myself for me before the bench. The case was started in 2011.
Thanking you,
Yours faithfully,
Jayanta Kumar Das.
M V Gupta
(Expert) 07 May 2019
On the next date of hearing you have to submit application for withdrawal of your Advocate on record and seek permission for appearing in person. After the Tribunal grants permission you can plead your own case. Dont forget to submit the NOC given by your Advocate along with the application.
J K Agrawal
(Expert) 08 May 2019
Respectfully i opin that if one himself appears before the court, he do not require NOC from counsel not he require any application or any permission from the court to appear in person. It is his right. Even an advocate appears on behalf of the party so party can appear at any time. No application, no permission of court, No Noc of any kind required.
M V Gupta
(Expert) 10 May 2019
@Agrawalji. thanks for clarification. but in some courts a formal application is being insisted.The querist may follow the practice of the court in which his case is being heard.
J K Agrawal
(Expert) 11 May 2019
Resp Gupta Ji - It is everywhere that the courts makes its own rules. may be they right or wrong but we are to follow them because we don't want Panga for small things and follows the procedure as instructed. In this pretax you were right.
M V Gupta
(Expert) 12 May 2019
Thanks Agawalji. I agree with your observations.
JAYANTA KUMAR DAS
(Querist) 26 May 2019
Respected Sir/Madam,
On 20.05.2019, I did appear myself before the Hon'ble WBAT. Respondent advocate was absent due to strike of advocates in West Bengal. But, the judges remarked that as you are not selected through Public Service Commission, your recruitment is illegal. I could not convince them that PSC never conducts recruitment for contractual lecturers. PSC only selects permanent lecturers. If I would have been thro' PSC, I was not required to go to the court for regularization. I was selected through a deviated selection process which was exactly same to the then selection process through Public Service Commission, West Bengal. I presented the judgement of the Hon'ble Supreme Court in Civil Appeal Nos. 4256-4257 of 2010 (Md. Ashif & Ors. Vs. The State of Bihar & Ors.) where it can be referred through stanza 08 for the clarification of judgement in Uma Devi Case – “This court in that case drew a distinction between an irregularity and an illegality in the making of an appointment and declared that where the due process of appointment has been deviated from, the court can regularize the same. In cases where the process itself is completely violative of the constitutional scheme underlying public employment and no procedure has been followed while granting such appointments the court cannot allow such an illegality to continue irrespective of the length of time for which it has continued.”
Also, Rule 32 of “General conditions of service” in the West Bengal Service Rules – Part I supports it.
[Rule 32 of “General conditions of service” in of the WBSR – Part I states : : The appointment may not be through the Public Service Commission, but if it is made through a selection process and pursuant to advertisement and in the absence of any other irregularity, it cannot be said to be a back-door appointment.
Reference @ R.R.De’s West Bengal Service Rules (Part I and Part II) with Departmental Circulars, Notifications, Clarifications and Memoranda : by Asutosh Mookerjee & Malay Kumar Roy, Kamal Law House, Kolkata – 700 001]
Still, the Hon'ble judges did not agree with me. The WBAT has fixed another day after 03 months.
Now, I am thinking that I shall give up the game temporarily and shall be prepared for battle in High Court. Can the Hon'ble West Bengal Administrative Tribunal dismiss my case ? Will the "dismiss" hamper the prospect my case in future ? Should I mention there that hundreds of temporary (ad-hoc) lecturers in the same dept. were regularized directly between 2001 and 2008, who all were not selected through any advertisement, interview. Many of them don’t have even AICTE recognized minimum essential qualification required for the post of lecturer. Why should I not get the protection of Article 14 of The Indian Constitution ? The judges don't want to listen this.
Please do advise me Sir/Madam in this situation.
Thanking you,
Yours faithfully,
JKD.
M V Gupta
(Expert) 06 July 2019
From the authorities and rules quoted by you, your contention deserves to be considered by the Judge. If it does not happen, you may have to file appeal and challenge the decision.
ashok kumar singh
(Expert) 06 January 2020
agree with earlier experts opinion
thanks' & regards'
ashok kumar singh,
advocate
