Complaint of high court judge and loss of faith in judicial system
jayesh sinha
(Querist) 18 July 2012
This query is : Resolved
To,
All legal experts
Sub:-lost faith in judicial system
Today I came to conclusion if any govt servants make any mistake and due to his act may the common man suffer but judge of high court instead of taking him to task protect the govt errant official and wasting time and money of common man.
Today I have lost faith in judicial system and came to conclusion that judicial system is rotten and played in hands of powerfil bureacauts and politician and no will of judicial system to give relief to common man.
T oday I bring to the notice of all legal experts that the single bench of high court playing cruel joke of ramanding back the matter to lower tribunal of miltary court and was not ready to give judgement on merit or to dismiss the case on merit.
T he judge gave two propsal to my lawyer that if the petitoner wants the case to be decided on merit the judge will remand back the matter back to GOC-IN-CHIEF(THIRD TIME PLAYING THE GAME OF REMAND)BY QUASHING ASIDE THE Order given by goc-in –chief and proteected goc-in-chief who did not have the power of review to its own judgements in other worder by setting aside and remanding back the matter fourt time he was protecting the govt servant and at the same time the judge made it cleat that he will not give any direction to lower tribunal and did not have the will to decide the case on merit on law points did not have the courage to dismiss my case on merit.
In other words I had no option but to accept the wrong judgement given by goc-in-chief since every time when the case was put in front of single high court judge it remanded back it cost me rs10,000/-every time instead of dismissing my case on merit was simply disposing off the case with no order the financial loss to me was rs40,000 and the expenditure was rs 60,000 including lawyer fees and wasting time and money of common man.
I would like to ask all legal experts had this mistake committed by common man
If he did not obey govt order or judgement given by high court judge against him
then if govt had gone for contempt case the the judge would willing decided the case of merit since it was against common man.
I would like all legal experts does judicial system have the courage to govt official who have wasted time and money of common man it his only almighty that he will be punished which only I can say.
At last can I make complaint of high court judge to any forum in india without wasting my time and money anymore and will someone help me since I don’t have money to waste on judical system to buy law and judgement
Devajyoti Barman
(Expert) 18 July 2012
Since the case details and order is not here, we can not make comment on the propriety of the order.
A single indiscretion on the part of the Judge should not raise question of the judicial process at large.
ajay sethi
(Expert) 18 July 2012
the order passed by high court was willingly accepted by your counsel . your counsel should have insisted he wants a speaking order.
let case be dismissed . you could have gone in appeal . on basis of facts your counsel thought it prudent that case be remanded back and impugned order passed BY GOC be set aside .
malinging the judiciary is not the answer.
jayesh sinha
(Querist) 18 July 2012
the high court judge was not ready to pass any speaking order or ready to give any direction the high court judge was ready to quash aside both the judgemements given by goc-in-chief thus protecting the govt official who had given wrong judgements as accepted by judge but he was simply remanding the matter fouth time to goc-in-chief thus helping govt body to issue fresh order afresh thus wasting both my time and money i wasted in 10 years
M V Gupta
(Expert) 19 July 2012
If the relief sought in the WP is to quash and set aside the order of the GOC-in-chief, and it has been granted, why the case has been remanded and for what purpose? Not clear from the facts stated.
jayesh sinha
(Querist) 19 July 2012
in the wp law point was raised that once the case is dismissed on merits no further direction can be given by goc-in-chief which the goc-in-chief did and second time when the matter was remanded back to goc-in-chief by high court to hear the matter afresh the goc-in-chief revised its own order issued earlier though it does not have the power of revision since the decree attains finality since in the first order of goc-in-chief neither the cantonment board(respondent)and myself(petitioner)had raised any objection and the decree attaints finality if cantonment board had any objection they should have gone to highcourt to appeal against the order of goc-in-cheief which they did not do and in the wp i had asked to quash aside the second order of goc-in-chief since no power of revision in cantonment act 2006 under section 344 the high court judge was knowing all these things instead of quashing the second impunged order of revision as asked in prayer instead told my counsel that he will quash aside both the order of goc-in-chief thus protecting him and to remand the matter third time to goc-in-chief in such circumstances instead of wasting time and money i accepted the wrong decision of high court judge what is the use of filing writ petition when the high court judge does not have the guts to take independent judgement as in theprayer only second order of goc-in-chief to be quashed aside was asked for hence the belief that i lost hope in judicial system any legal remedy to highlight the biased decision of high court judge can complaint be made to any forum in india
jayesh sinha
(Querist) 19 July 2012
the query is open and not resolved
jayesh sinha
(Querist) 19 July 2012
also the learned high court judge not recorded the arguments and statement given by my learned counel and the loss of 10 years due to wrong decision taken by govt body the judge told you are free to file liquidated damages thogh he should adhered to my prayer as demanded in writ petion
RAJU O.F.,
(Expert) 21 July 2012
Judiciary is only hope of the common man and hence don't lose faith in the legal system. There may be drawbacks and please note, I did not go through the merit of your case.
M V Gupta
(Expert) 21 July 2012
The fact that ur Advocate had accepted the court's proposal to remand the matter to GOC after quashing both the earlier orders of the GOC, indicates that ur advocate had after taking ur instructions agreed for the proposal. This being so, your grievance against the judge appears to be misplaced.
jayesh sinha
(Querist) 21 July 2012
it is true that after taking instruction from me my advocate accepted the court proposal but my point is wahat is the use of high court judge if he canot take decision as i have money to govt simply by remanding back to govt official it means govt official are above high court they can commit any mistake in the process if i had accepted the reamand back offer of court again i had to pay money to my advocate wasting time and money again what was gurantee that goc-in-chief would have issued proper order and again i would have come back to high court again file fresh W.P and again prayer to court will you not accept the fact that law has become useless it is puppet of poerful person of powerful people who buy dates and judgement from judges sitting in court where is the relief judges are not accountable even you have not answered to my query whether judges complaint can be made and to which forum
M V Gupta
(Expert) 21 July 2012
I can understand your predicament. But this is the result of your accepting the remand. Pl note that under the HC order the earlier orders of the GOC are no longer valid.
jayesh sinha
(Querist) 29 July 2012
you have not understood hc was remanding the matter 4th time back to G0C-IN-CHIEF thus helping me to hear matter afresh by quasing and seetting aside order but in the process the judge was not having vision that in order to save rs40000/-i had to pay rs 60000/-to my advocate and the time and mental agony when the goc-in-chief was not able to take decision and issue of order you have not answered to my query to where i can make complaint of high court judge and it effectiveness
jayesh sinha
(Querist) 29 July 2012
you have not understood hc was remanding the matter 4th time back to G0C-IN-CHIEF by quasing and SETTING aside order as demanded in my W.P thus helping GOC-IN-CHIEF to hear matter afresh but high court judge not having courage to take independent decision that since goc-in-chief was not capable or competent to issue proper order(as high court remanded matter third time previously) in the process the judge was not having vision that in order to save rs40000/-(max relief which i would have got had HC would have ordered in my favour)I had to pay rs 60000/-to my advocate and the time and mental agony by his decision of remanding matter back to GOC-IN-CHIEF YOU have not answered to my query to where i can make complaint of high court judge and it effectiveness
jayesh sinha
(Querist) 29 July 2012
I WAS NOT ACCEPTING THE DEMAND OF REMANDING THE MATTER BACK TO G0C-IN-CHIEF 4TH TIME BUT AT THE THE SAME TIME WAS FORCED TO ACCEPET THE HC JUDGE PROPOSAL BECAUSE WHEN I ASKED THE JUDGE TO DECIDE MY CASE ON MERIT AND DISSMISS MY CASE ON MERIT HE WAS NOT READY TO DO SO IN OTHER WORD I WOULD HAD TO PAY MONEY TO BUY JUDGEMENT IN MY FAVOUR
