Wrong dismissal
Himadri Shekhar Bhattacharjee
(Querist) 12 August 2013
This query is : Resolved
Sir,
My friend was a manager of a nationalized bank which was a small two man branch. The computer operator of that branch hacked my friend's passwords and did certain irregularities with that password. Then he admitted his guilt and deposited a sum of Rs 400000 in cash and he mentioned there, that, he did those on guidance from my friend who was the manager. But that was wrong, on no occassion he shared his passwords with him. Then after a month from that date, that, computer operator died of heart attack. Now, after a sham departmental enquiry, my friend was removed from service, as the disciplinary authority noted that, 'due to the irregularities of him bank and government funds were put to jeopardy'. No, retirement benefits were given. Now, he submitte an appeal to departmental appelate authority. Now, can he go for a writ from honourable high court seeking setting aside of that order? when can he give the writ petition? how long court will take to resolve it and is there any provision for any interim relief till the final verdict.
Regards.
Guest
(Expert) 12 August 2013
In the absence of disposal of appeal by the appellate authority, his writ to HC would only prove to be premature, which can result in to non-admission or dismissal of your case, even if admitted for trial.
Himadri Shekhar Bhattacharjee
(Querist) 12 August 2013
Thanks sir. But, the appeal regulations of that organisation stipulates:"Notwithstanding any thing contained in the Regulations, the Reviewing authority may call for the records of the case within 6 months of the date of final order and after reviewing the case pass the final orders thereon as it may deem fit".
Sir, does that mean that, he has to wait for 6 months to pass and if the authority does not give any reply within 6 months of the final order than only he can go for writ?
Regards.
Guest
(Expert) 12 August 2013
There is a lot of difference between the appeal to be considered by the appellate authority and review of case by the reviewing authority.
Moreover, attenstion towards the rules is attracted only when some problem appears. None bothers to review the cases until the aggrieved person challenges the authorities through the court of law. Government organisations run Bhagwan bharosay. If someone tries to run as per rules or law, they are compelled to bear the brunt of their superiors like Ashok Khemka or Durga Shakti, IAS Officers.
prabhakar singh
(Expert) 12 August 2013
Yes!Dhingra Ji is right.
You can NOT file writ as there is appellate forum,and you state also that you have filed appeal.
Kuummaar AS
(Expert) 12 August 2013
You have to exhaust all the channels first.
Raj Kumar Makkad
(Expert) 12 August 2013
First of all make representation to the highest authority of your department and only then adopt the next court of action as already advised.
Advocate Sastry
(Expert) 12 August 2013
You can take future course of action only after disposal of your appeal by Appellate Authority
Sudhir Kumar, Advocate
(Expert) 16 August 2013
without Appeal to Appellate Authority and without a decision ( or no decision till reasonable time)there is no point to go to court.
Appellate Authority may or may not be the highest authority.
Rajendra K Goyal
(Expert) 27 August 2013
repeated query:
http://www.lawyersclubindia.com/experts/Wrong-dismissal-415016.asp#.UhxTUz-Lq_I
Sudhir Kumar, Advocate
(Expert) 27 August 2013
also repeated
http://www.lawyersclubindia.com/experts/Admission-of-guilt-415321.asp
