Urgent advice needed
ankur kumar
(Querist) 14 July 2015
This query is : Resolved
DEAR EXPERTS,
I Have Filled A Case Challanging My Transfer On Promotion And That Para Of Policy Which Mandate To Transfer A Person On Promotion Outside. But Cat, High Court Dismissed The Petitons Simply On The Basis That On Transfer Their Is Limited Judicial Review. Then I Filled An SLP In Supreme Court. Meanwhile Now Before Supreme Court Hearing Today, Tomorrow I Inspect The Policy File In Which I Came To Know That Policy Is Not Approved By Comepetent Authority. I Raised That Ground In Supreme Court But Honble Court Refused To Accept That Ground Because The Same Has Not Been Raised Before High Court, And Dissmissed My Slp.
Now Please Guide...Can I Go Again To High Court Or Cat With Fresh Case On This Ground That Policy On Which Tansfer On Promotion Is Mandatory Is Not Approved?
Chanchal Nag Chowdhury
(Expert) 14 July 2015
A point of law can be urged at any stage.U may file a curative petition before SC. if what U say is true.
seshadri dubey
(Expert) 15 July 2015
we are trying to give our best dear friends but please do not write in all capital letters, facing trouble reading it?
ankur kumar
(Querist) 15 July 2015
sorry sir, now i have chamged it into normal font.
Rajendra K Goyal
(Expert) 15 July 2015
Consult some senior Supreme Court lawyer and show him full case file.
ankur kumar
(Querist) 15 July 2015
that means i cannot reach high court or CAT with fresh case of only challanging that policy is not approved by competent authority...
P. Venu
(Expert) 15 July 2015
Your story is less than convincing.
seshadri dubey
(Expert) 16 July 2015
Thanks Ankur,now its okay, I have doubts whether you will be able to raise the same issues again in a separate trial or not....I think you will not be able to raise the same issues again, 'coz the matter will be again between the same parties with same cause of action, so you will be barred by the rules of res judicata, one of our respected expert has opined that a point of law can be raised at any stage, but I disagree as the stage is already over, as the final order Apex Court has already been passed.
More over this is not a point of law.
Hope for the best and consult a senior Advocate, not necessarily a Supreme Court's Lawyer.
