Service matter
Guest
(Querist) 01 December 2012
This query is : Resolved
a stay was granted to my father
( WRIT - A
Court Number - 29
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Sheo Kumar Singh,J. and Hon'ble Virendra Vikram Singh,J)but till date the department did not resume the service of my father what shall i do next
R.K Nanda
(Expert) 01 December 2012
state full facts.
Guest
(Querist) 01 December 2012
full fact is that he(and his 2 juniors) was suspended and granted stay on 13/9 but till now the dept of forest of UP did not accept the stay
however the case was disposed by single bench of his 2 juniors on 8-11-2012
kindly refer to case no 34824 of 2012 alld high court
Guest
(Expert) 01 December 2012
Depends solely upon the application made for stay and the language of the stay order issued by the court. Unless specifically ordered, a stay is generally of the nature of maintenance of status quo of the event, which is already existing or has occured. If the stay order was obtained after suspension of your father, that would mean status quo of suspension, which would not be disturbed. If the stay has been obtained prior to the date of suspension only then the department can he held liable for defiance of court orders.
So, please check the language of the stay order and ask your lawyer to clarify on that point.
Raj Kumar Makkad
(Expert) 01 December 2012
It shall be good to post the complete language of the stay order granted by Hon'ble High Court as there is lot of difference between the reading of such orders by lay man and lawman.
Guest
(Querist) 01 December 2012
On the facts, till the next date of listing operation of the order dated 23.6.2012 passed by the respondent no. 2 by which petitioner has been placed under suspension shall remain stayed but at the same time enquiry against the petitioner shall continue and that is to be taken to its logical end and petitioner undertakes to co-operate" THIS IS THE COMPLETE ORDER
Sudhir Kumar, Advocate
(Expert) 02 December 2012
"On the facts, till the next date of listing operation of the order dated 23.6.2012 passed by the respondent no. 2 by which petitioner has been placed under suspension shall remain stayed"
The court has stayed the suspension order (as apparent from the facts).
When did the department receive this order.
Consult your lawyer for feasibility of filing contempt case after some reasonable time.
Guest
(Querist) 02 December 2012
all the reasonable steps were taken to inform the department within a 15 days by our side
Raj Kumar Makkad
(Expert) 02 December 2012
Even if the respondent no. 2 is not taking you back in service then he is defying the court order. So it shall be better to first serve a legal notice to such authority with copy to higher officials mentioning therein that it is nothing but a contempt of court for which they all are liable and further that in case you are not taken back in job within a stipulated time, you shall file contempt of court proceeding against all of them. You can also mention that you bee deemd in service from the day of order and accordingly may be provided full benefits.
Guest
(Expert) 02 December 2012
Your father's advocate should file a case of contempt of court proceedings against the respondents.
Guest
(Querist) 02 December 2012
THANKS EVERYBODY FOR REPLYING
Guest
(Expert) 02 December 2012
You are welcome.
