Remedies and rights of a discmissed employee

mala (Querist) 11 February 2014 This query is : Resolved
sIR
qUERY
1. On the basis of departmental inquiry and report submitted by the Inquiry Officer the services were dismissed by the competent authority On being dismissed I filed a appeal before the appellate authority which is still pending for the last 13 months despite several reminders not taken up

What steps I can take
Whether a WP Certiorari can be filed in the H.C
What other remedies are available

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Devajyoti Barman (Expert) 11 February 2014
Yes but only if the employer is a public authority.

Advocate. Arunagiri (Expert) 11 February 2014
You file a writ petition, seeking speedy disposal of the appeal.

Rajendra K Goyal (Expert) 11 February 2014
Since the competent authority has dismissed you.

Wait for some more time for the decision is taken by the appellate authority.

Guest (Expert) 11 February 2014
1) You have already taken action of submitting appeal against the order of the disciplinary authority.

2) Of course, you can. But court cannot interfere during the pendency of the process of departmental action. The court can merely direct the Appellate Authority to expedite decision within a specific period of time. Bot with that you are likely to spoil your own case by losing sympathy of even the appellate authority for dragging him in the court of law.

3) Simply remind formally off and on and wait patiently till the decision of your apeal.

Sudhir Kumar, Advocate (Expert) 06 March 2014
fresh query made on

http://www.lawyersclubindia.com/experts/Findings-of-the-department-and-findings-of-the-trial-court-differ-457646.asp#.UxfUY841hn4

Sudhir Kumar, Advocate (Expert) 06 March 2014
by now you might be having record worth 10 Kg weight. So useful advise is not possible without reading the same.

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