Status of disciplinary action after an order.
samir sen
(Querist) 27 June 2017
This query is : Resolved
I am a Railway employee, challenged my transfer order dated 26.09.2011 in CAT Calcutta prior to its implementation. Hon’ble CAT ordered to first join and finally dismissed the application in the year 2014. Immediately CAT’s order was challenged in High Court, Calcutta in the year 2015. Since my joining to the new place of posting in 2014, Railway took several illegal actions and finally removed me from service in May/2016. All actions of Railway brought to the notice of Hon’ble High Court through supplementary affidavits and my removal notice has stayed in the year July/2016 but Railway did not allow me to perform my duty. In a hearing on 22.06.2017 Hon’ble High Court allowed me one week time to decide, either cancellation of transfer order or cancellation of removal notice. My Lawyer advised me to choose cancellation of transfer order because all action taken afterward would be null and void automatically. But according to my experiences Railway would not agree to reinstate me. Please let me know is there any judgment in support of my Lawyer’s opinion.
Samir Sen, Calcutta.
Sudhir Kumar, Advocate
(Expert) 28 June 2017
"My Lawyer advised me to choose cancellation of transfer order because all action taken afterward would be null and void automatically. "
So your lawyer is advising you to agree for cancellation of transfer (which is subject matter of suit) and allow yourself to be out of job because of removal penalty.
Good. The lawyer is worth meeting for enhancing knowledge.
Dr J C Vashista
(Expert) 28 June 2017
Have faith in your lawyer and act as advised, otherwise change him immediately.
Searching judgments/citations/authority is the duty of your lawyer, which is not supplied on this platform.
P. Venu
(Expert) 28 June 2017
The facts posted are far from convincing!
Kumar Doab
(Expert) 28 June 2017
You don't want to be transferred and you don't want to be removed, both.
Rajendra K Goyal
(Expert) 28 June 2017
Show full case file and get second opinion before agreeing to suggestion from your lawyer.
krishna mohan
(Expert) 29 June 2017
Well advised by experts. But I am of the view both are independent. Disciplinary action may not come to an end by virtue of cancellation of transfer order. In my view if transfer is accepted and you are working in the new place, you can pray for cancellation of removal as that may benefit you more and from the pain of disciplinary action. You can consult with your lawyer and decide as this forum has been provided very limited information.
P. Venu
(Expert) 29 June 2017
Yes, transfer order is an administration whereas disciplinary proceedings is a quasi-judicial. Moreover, under Administrative Tribunal's Act, decision of the CAT is final and the High Courts have only limited jurisdiction under Article 227.
Kumar Doab
(Expert) 29 June 2017
Your (employee's) apprehensions about railway (employer) are not unfounded.
The citations if any are preferably to be chosen by your own counsel.
Sudhir Kumar, Advocate
(Expert) 29 June 2017
If the layer is advising you to agree for transfer cancellation then where do you join as you are already removed and no more in job.
You have no choice but to formally challnage removal (forgetting the challange of transfer which is at present infructuous). Mere information to the court that you are removed is not sufficient.
You are being wrongly advised.
Kumar Doab
(Expert) 29 June 2017
The presiding officer in the court has given you to chose wisely.
Chose wisely.
Discuss the inputs given by Mr. Sudhir Kumar and experts with your own counsel.
Ensure that the counsel is a very able local senior counsel of unshakable repute and integrity specializing in labor/service matters.
Kumar Doab
(Expert) 29 June 2017
Mr. Sudhir Kumar has done his level best for the querist.
Mulajim ko khadde me girne se bachane ka pura paryatan kiya hai.
Iske baad: jo tis bhave....
Kumar Doab
(Expert) 30 June 2017
Discuss with a very able counsel.
Nothing wrong in getting 2nd,3rd,4th …………..even more opinion for one’s own good.
